Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Conditions Removed from Green Card without Interview

Published: Apr 8, 2009 Source: My Source

Our client became a conditional Green Card holder through his marriage to a United States citizen in 2005. His Green Card was only valid for two years. We obtained the conditional Green Card for him.

After getting his Green Card our client and his spouse continuously resided together as husband and wife until October 2007 when they separated as a result of marital difficulties. They have lived separate and apart from one another ever since.

As a conditional permanent resident, our client and his wife were required to file a petition with Citizenship and Immigration Services within 90 days of the expiration of his conditional Green Card to have the conditions removed from the Green Card. If they failed to do so, the Green Card would expire and his status would terminate.

Even though our client and his wife were no longer living together, she was willing to file the petition with our client to have the conditions removed from his Green Card, and was further willing to attest to the bona fides of their marriage at its inception.

We were retained to file the Form I-751 to remove the conditions from his Green Card, and argued that because our client’s marriage was valid at inception, it is valid for immigration purposes even if the parties are separated and the marriage is no longer viable. Citizenship and Immigration Services accepted our argument, and removed the conditions from our client’s Green Card without scheduling an interview.

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