Asked in Immigration Law

Q: when exactly are CONDITIONAL green cards avoided?

I was explained that "if you have been married for less than 2 years at the time of adjudication of the request for your resident status then you will be granted the conditional status". Does that mean 2 years after which of the following:

* approval of i130

* medical examination

*interview at the consulate

* entrance to the usa on an immigrant visa

* other

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: If 'more than two years' have elapsed from the marriage date to entrance into the U.S. 'or' when adjustment of status is granted, then the marriage visa holder is admitted as a lawful permanent resident, not just a conditional resident, who must take the additional step of filing to remove the condition on permanent resident. Filing to remove the condition can prove time consuming and may delay future action to seek citizenship by naturalization.

If you are still confused, schedule an appointment with a competent and experienced immigration attorney. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Stephen Arnold Black agrees with this answer

Ify Princess Ikeakanam
Ify Princess Ikeakanam
Answered
  • Immigration Law Lawyer
  • Charlotte, NC

A: Hi, if you have a new marriage less than 2 years, you will get conditional green card. The reason is to deter fraud marriages which can be entered into for a short duration simply for immigration purposes.

Typically, a couple would have developed and built a stronger relationship after two years. Therefore, during the removal of conditions process, the couple will be required to show more evidence of a bonafide marriage.

hope this helps.

This is not legal advice**

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