If your marriage-based green card petition was based on a marriage that was less than two years old on the day you were given permanent residence, you will receive what is called a “conditional green card” which will be valid for a period of two years.

Once an immigrant receives his or her conditional/temporary green card, that green card will expire two years after the date of its approval. Your status is conditional because you must prove that you and your spouse entered into a good faith marriage and that the marriage was not pursued in order to circumvent the immigration laws of the United States.

In order to receive your permanent (ten-year) green card, the immigrant-spouse must petition USCIS to remove these conditions. This should be done before the conditional/temporary green card expires to make sure your status in the United States remains legal, and you can continue to travel outside the country and maintain your employment authorization.

If the time comes to petition USCIS to remove these conditions and you are no longer married to the spouse who petitioned for the conditional green card, you must seek a waiver in your petition for a permanent green card.

It is particularly important that you have the guidance and advice of a knowledgeable and experienced immigration lawyer to sort through the intricacies of these immigration matters. At Law Offices of Inna Vernikov, PLLC, getting clients to go from conditional to permanent green cards to ensure a smooth pathway to citizenship is an area we are highly experienced in. We have successfully petitioned for hundreds of permanent green cards by removing conditions on residency in New York, Miami, and other states, including petitions with waivers in situations where the immigrants have already divorced their petitioner-spouses. For legal advice and expert assistance with filing for removal of conditional residency in New York, Miami or other states, please contact Law Offices of Inna Vernikov at (212) 729-349.