Ignorance of the law is no excuse. This rule is even more stinger for all the immigrants of the U.S., as there are too many details one has learn before taking any steps to apply for a Green card. An immigrant visa (or a Green Card) gives an opportunity to stay permanently in the United States, but one should also know rights and responsibilities to prevent law violation.
In many cases law violation for conditional residents may lead to deportation. To prevent it, everything should be learned properly and beforehand, especially if you received a Green card through marriage. One cannot deny that people rarely think about divorce when they are getting married. As a result, they can face questions and doubts about their Green card validity after divorce, as technically there is no more basis for legal residence.
To Apply to Remove the Conditions
First and foremost, both spouses must fill Form I-751 and apply to remove the conditions on residence. This form should be submitted not later than 90 days before the expiration date on the green card (it corresponds with the second anniversary). If the request was not applied in time, the conditional resident status will be lost with possible deportation.
Child’s Conditional Green Card
If a child of a non-citizen received conditional resident status within 90 days of when parent did, then the child may be included in parent’s application to remove the conditions on permanent residence. The child must file a separate I-751 application if he received conditional resident status more than 90 days after the non-citizen parent did.
The parent can fill one application to remove the conditions on permanent residence together with the child, if the last obtained conditional resident status within 90 days of when parent did. If child’s conditional resident status was received in more than 90 days after parent did, a separate I-751 application should be filed.
There are also know such cases when people failed applying to remove the conditions on residence on time. Consequently, the conditional resident status will automatically be terminated and one will receive a notice to appear at a hearing. Still, the Form I-751 can be filed after the 90-day period after writing and applying for a petition, pointing on well-founded reason for failing to file the petition on time.
