If you obtained a green card that is valid for two years, then you are a conditional permanent resident and must file an I-751 petition with USCIS in order to obtain your ten-year green card.
In many cases, the petition must be filed jointly by the conditional resident and his or her spouse (or parent’s spouse) and in the 90-day window before the two-year card expires. In some circumstances, USCIS will accept a late-filed petition, but you must demonstrate sufficient cause for filing late.
In other cases, the petition may be filed by the conditional resident alone and even after the two-year green card has expired. For example, if you and your spouse have divorced (or if your parent has divorced the spouse through whom you obtained your residence), or if you were abused by your spouse or former spouse (or by your conditional resident parent or his/her spouse), then you can file the petition on your own and at any time before a judge has ordered you removed from the United States.
Seeking removal of conditions on your residence is a crucial step in your immigration process. If you miss a filing deadline or if USCIS denies your petition, you could find yourself in immigration court fighting removal from the United States. Many people are surprised to hear that someone with a green card can be deported.
If you are a conditional resident and want to obtain your ten-year green card, we can help. Please call our office in Ormond Beach to schedule a consultation.