10 Burning Legal Questions About Conditional Green Card Revocation
| Question | Answer |
|---|---|
| 1. What is a conditional green card? | A conditional green card is granted to a spouse of a U.S. Citizen permanent resident married less two years time obtaining green card. It is valid for two years and requires the holder to apply to remove the conditions within 90 days of the expiration date. |
| 2. Can a Conditional Green Card Be Revoked? | Yes, a conditional green card can be revoked if the holder fails to apply to remove the conditions or if there is evidence of marriage fraud or other immigration violations. |
| 3. What is marriage fraud? | Marriage fraud is when a couple enters into a marriage solely for immigration purposes, without the intention of establishing a life together. This is considered a serious immigration violation. |
| 4. What happens if my conditional green card is revoked? | If your conditional green card is revoked, you may be placed in removal proceedings and could be deported from the United States. It is crucial to seek legal assistance immediately. |
| 5. How prove legitimacy marriage? | You can provide evidence such as joint bank accounts, property ownership, shared bills, and affidavits from family and friends to demonstrate the legitimacy of your marriage and support your application to remove the conditions of your green card. |
| 6. Can I appeal a decision to revoke my conditional green card? | Yes, you have the right to appeal a decision to revoke your conditional green card. It is important to act quickly and seek the assistance of an experienced immigration attorney to navigate the appeals process. |
| 7. What are the consequences of marriage fraud? | The consequences of marriage fraud can be severe, including not only the revocation of your green card but also criminal charges, deportation, and being barred from reentering the United States. |
| 8. Can I obtain a waiver for the joint filing requirement? | In certain circumstances, such as divorce or abuse by the U.S. citizen or permanent resident spouse, you may be eligible to obtain a waiver for the joint filing requirement when applying to remove the conditions of your green card. |
| 9. Should suspect spouse marriage fraud? | If you suspect your spouse of marriage fraud, it is crucial to gather evidence and seek the assistance of an immigration attorney to protect your own immigration status and address the fraudulent activity. |
| 10. How can I protect my conditional green card? | To protect your conditional green card, it is essential to act in good faith, maintain evidence of the legitimacy of your marriage, and comply with all immigration requirements. Seeking legal guidance can also help safeguard your immigration status. |
Can a Conditional Green Card Be Revoked?
As an immigration lawyer, I have encountered many clients who are concerned about the status of their conditional green card. Often confusion fear potential revocation important document. In this blog post, I aim to provide a comprehensive overview of the circumstances under which a conditional green card can be revoked.
Understanding Conditional Permanent Residence
Understanding Conditional permanent residence is granted to individuals who have been married to a U.S. Citizen less two years time obtaining green card. This status is valid for two years, and during this period, the individual must take steps to remove the conditions on their residency in order to become a lawful permanent resident.
Reasons Revocation
There are several reasons why a conditional green card may be subject to revocation. Include:
| Reason | Description |
|---|---|
| Failure to File Form I-751 | Individuals Understanding Conditional Permanent Residence must file Form I-751, Petition Remove Conditions Residence, within 90 days expiration their two-year green card. Failure to do so can result in the revocation of their status. |
| Fraud or Misrepresentation | If determined individual obtained conditional green card Fraud or Misrepresentation, their status may revoked. |
| Criminal Activity | Engaging in criminal activity can lead to the revocation of a conditional green card. |
Case Studies
In a recent case, a client came to me in a panic after receiving a notice of intent to revoke their conditional green card. The individual had failed to file Form I-751 within the allotted time frame and was facing the potential loss of their residency status. Through diligent legal representation, we were able to successfully appeal the decision and secure the removal of conditions on their green card.
Conditional green card revoked certain circumstances, Failure to File Form I-751, Fraud or Misrepresentation, criminal activity. Crucial individuals Understanding Conditional Permanent Residence understand obligations take proactive steps maintain their status.
Legal Contract: Can a Conditional Green Card Be Revoked?
This contract (“Contract”) is entered into by and between the United States Citizenship and Immigration Services (“USCIS”) and the individual holding a conditional green card, hereinafter referred to as “Cardholder.”
| Clause | Details |
|---|---|
| 1. Definitions | The term “conditional green card” refers to a temporary 2-year green card granted to spouses of U.S. citizens or lawful permanent residents, and the term “revocation” refers to the act of canceling or invalidating said green card. |
| 2. Legal Grounds for Revocation | The conditional green card may be revoked under the Immigration and Nationality Act (INA) if it is determined that the marriage upon which the green card was based was fraudulent or entered into for the purpose of evading immigration laws. |
| 3. Due Process | The Cardholder shall be afforded due process rights, including notice of the intent to revoke the green card and an opportunity to present evidence and arguments in defense of their status. |
| 4. Appeal Process | If the conditional green card is revoked, the Cardholder has the right to appeal the decision to an immigration court and seek judicial review of the revocation. |
| 5. Governing Law | This Contract shall be governed by the laws of the United States and the regulations and policies of USCIS pertaining to conditional green card revocation. |
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.