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Conditional green cards are issued for immigrants who obtained permanent resident status through a marriage-based case, or less commonly, through certain EB-5 investor petitions. These green cards are valid for only two years only, after which you must apply to remove the conditions on your residence in order to receive a 10-year green card.
If you are married to a U.S. citizen or lawful permanent resident, you must file Form I-751, Petition to Remove Conditions on Residence, and provide updated documentation demonstrating that you and your spouse are still in a bona fide marriage. This form must be filed within the 90-day period before your conditional green card expires. However, sometimes complications may arise in a marriage during the two years following the green card’s issuance, that may put the removal of conditions process at risk. In some cases, these conditions could even place you in removal proceedings if not handled properly.
Ensuring that you understand the removal of conditions process and whether you need a waiver is the best step you can take as your temporary green card approaches expiration.
Why You May Need an Roc Waiver
There are several reasons why you may need a waiver to avoid landing in deportation proceedings when you are ready to remove the conditions on your temporary green card. Some of the circumstances that may qualify you for a waiver include the following:
- Your marriage has ended in divorce or annulment
- Your spouse passed away
- Your spouse has become abusive
- You are filing late due to an emergency
- You are experiencing extreme hardship
If USCIS approves your waiver, you can then move forward with removing the conditions on your green card and become a full permanent resident.
What Happens After You File a Roc Petition With a Waiver?
After you file Form I-751 with a waiver, you will receive a 48-month extension of your expiring green card. This extension allows you to continue enjoying all the privileges of your resident status while your petition is pending. During this time, USCIS will review your petition and waiver to determine if your marriage was bona fide. USCIS may then ask for additional evidence, schedule you for an interview, or approve your petition.
While the I-751 petition is pending, you must carry the original receipt notice reflecting the 48-month extension, along with your expired green card. The extension is necessary because the government may take that long to issue a decision on your petition, although the wait may be shorter.
What if Your Roc Is Denied?
If your Removal of Conditions petition is denied, you will be at risk of deportation. However, you may have the option to refile your I-751 or submit a motion to reopen it. You may also receive a Notice to Appear before an immigration judge, who will review your full petition again under a de novo standard. This means that the judge will not refer to the previous decision when reviewing your case but will instead treat it as new. Depending on your circumstances, you may qualify to seek another form of relief from deportation, such as cancellation of removal.
If you are ready to remove conditions on your green card, or if you have questions regarding another immigration matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
