Viles Law Firm P.C.
Home Button


Conditional Permanent Residence
(Two Year Greencard)

If you obtained your greencard through marriage or as an EB-5 Investor, your greencard is only good for two years. Failure to remove the conditions on your residence will lead to the revocation of your greencard and eventual removal from the United States.

The petitions for removing the conditions on residence are very exhibit intensive. If you obtained your conditional greencard through marriage, you will need to prove that your marriage remained valid throughout the two year period. An immigration officer will deny your case if you do not have the right paper trail of evidence.


Temporary Green Card

Typically, the greencard holder and citizen spouse apply together. However, not all marriages work out, so the law provides some exceptions. You do not have to file with your spouse if: (1) you entered the marriage in good faith, but the marriage ended by the death of the citizen spouse or by divorce; (2) you are still married to the same citizen spouse and the spouse is abusing you or inflicting extreme cruelty; or (3) termination of your greencard and your removal from the U.S. would results in extreme hardship.

If you obtained your greencard through the EB-5 investor visa, you will need to establish the continued success of your business to the immigration service along with proof that you have maintained U.S. workers as employees.

Example Number One:
Marco obtained his greencard through marriage to a U.S. citizen, but he and his wife divorced before the end of the second year. With the help of an experienced immigration lawyer, Marco submitted the petition to remove the conditions on his residency. Marco was glad he went to a lawyer because, although Marco was quite capable of filing out the form with his name and address, none of the instructions from the immigration service really explained exactly what the service looks for and what kinds of evidence to submit.

 

Example Number Two:
Nighat obtained her greencard through marriage to a U.S. citizen many years ago. Unfortunately, she did not realize that she had to file the petition to remove the conditions on residence. She left her husband because he was abusive. Nighat was arrested by Immigration Customs and Enforcement and placed in removal proceedings because the immigration service revoked her greencard the day after her two year greencard expired. Her lawyer knew how to ask the judge for a continuation of her court date to file a proper petition. Once the immigration service approved her petition, her lawyer had her removal proceedings dismissed.