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When Conditional Residents Can Lose Their Green Card

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When Conditional Residents Can Lose Their Green Card

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When Conditional Residents Can Lose Their Green CardAre you among the 13.9 million lawful permanent residents living in the United States? If so, we understand that receiving a green card is among one of the most significant accomplishments. Unfortunately, the slightest mistake can jeopardize one’s stay – especially among those who haven’t naturalized just yet.

Conditional resident green card holders are not permanent residents. This status is typically reserved for the spouses or children of U.S. citizens and investors. Regardless of your visa status, we can assure you that violating U.S. laws can revoke your rights and prompt deportation. This article serves as an informational guide on what to avoid.

If you have urgent questions pertaining to your status, you can always reach out to our law offices of immigration directly.

Avoid Violating Terms of Status

There are terms conditional and permanent residents must follow to maintain their status. Violations would instantly make you removable from the U.S. Depending on the severity, you might also be unable to return for months – even years. Green card lawyer David Grey would advise you to avoid the following:

  • File income taxes late – failing to meet the deadline for federal income tax returns and selecting the wrong immigration status can strip you of your resident status.
  • Not registering with the Selective Service – the selective service is an independent agency of the U.S. government. Immigrant men ages 18 – 26 must notify the government they are available to serve in the U.S. armed forces. If not, it will be considered a criminal offense.
  • Failing to update your address within 10 days of moving– always send an update to the Department of Homeland Security (DHS). It can be done by filling out form AR-11.
  • Living in another country without filing a re-entry permit – spending over 12 months in another country can be risky without filing the necessary paperwork. You can lose your U.S. immigration status altogether.

Do I Lose My Conditional Green Card If I Get Divorced?

Going through a divorce is emotionally taxing. If you are in the process of becoming a permanent resident or have just received a conditional green card, there’s no need to worry. The divorce should not adjust your immigration status. Instead, you might need to wait five years – opposed to three – to naturalize. It is in your best interest to reach out to an immigration attorney, as each case is different for each client.

How Can I Change My Conditional Green Card to Permanent?

Conditional green cards last for only two years. Before the deadline, you must apply to the U.S. Citizenship and Immigration Services (USCIS) to get the conditions removed. There are two ways to go about this change.

  • If you’re married, file Form I-751, Petition to Remove the Conditions on Residence
  • If you are here based on investment, fill out Form I-829, Petition by Entrepreneur to Remove Conditions

This is mandatory. Unfortunately, failing to submit the proper application or meet the deadline can result in losing the green card altogether. Very rarely are exceptions made.

For a successful application, applicants must have supporting documentation that proves why they deserve to become permanent residents. For a married applicant, you’d demonstrate that the marriage is not fraudulent. Try to incorporate shared account details and spousal certificates. Investors are only required to prove they meet investment requirements and support employment of ten or more workers in the U.S.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

  • Family-Based Immigration
  • Employment-Based Immigration
  • Naturalization and Citizenship
  • Permanent Residency and Green Card
  • Deportation and Removal
  • Immigrational Appeals
  • Non-Immigrant Visas
  • Criminal Victim Visa

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have been able to adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.