Consequences of not removing conditions on IR-6 visa green card

Close up of approved and rejected stamps on table

The IR-6 immigrant visa is a family-based immigration option that allows foreign spouses of U.S. citizens who have been married for less than two years to enter the United States as lawful permanent residents. In some cases, the foreign spouse may be issued a conditional green card instead of a regular green card. The purpose of the conditional green card is to ensure that the marriage is bona fide and not entered into solely for the purpose of obtaining a green card. The conditional green card is valid for two years and must be removed before the expiration date in order for the foreign spouse to remain a lawful permanent resident. In this article, we will discuss the consequences of not removing conditions on the IR-6 visa green card.

What is a Conditional Green Card?
A conditional green card is a temporary green card that is issued to certain immigrants, including IR-6 visa holders, who are married to U.S. citizens for less than two years. The purpose of the conditional green card is to ensure that the marriage is bona fide and not entered into solely for the purpose of obtaining a green card. The conditional green card is valid for two years and must be removed before the expiration date in order for the foreign spouse to remain a lawful permanent resident.

Consequences of Not Removing Conditions on the Green Card
If the foreign spouse fails to remove the conditions on their green card before the expiration date, their conditional green card will automatically expire and they will lose their lawful permanent resident status. They may be subject to deportation proceedings and may be required to leave the United States.

If the foreign spouse is unable to file the petition to remove conditions within the 90-day period, they may file a late petition with USCIS. However, the late petition must include a written explanation for the delay and must demonstrate good cause for the delay. USCIS will review the late petition and may grant the petition if the delay was caused by circumstances beyond the foreign spouse’s control.

If the petition to remove conditions is denied, the foreign spouse may be placed in removal proceedings and may be required to appear in immigration court. It is important to seek the advice of an experienced immigration attorney if the petition is denied.

Effect on Employment and Travel
If the foreign spouse’s conditional green card expires and they lose their lawful permanent resident status, they may no longer be authorized to work in the United States. They may also be barred from traveling outside of the United States until they are able to regain their lawful permanent resident status.

Difficulty Re-Entering the United States
If the foreign spouse is outside of the United States when their conditional green card expires, they may have difficulty re-entering the United States. They may be required to apply for a new visa and may be subject to additional scrutiny by U.S. Customs and Border Protection.

Conclusion
Removing the conditions on the green card is essential for the foreign spouse to maintain their lawful permanent resident status in the United States. Failure to remove the conditions can result in loss of lawful permanent resident status, deportation proceedings, and difficulty re-entering the United States. It is important to file the petition to remove conditions in a timely manner and to provide evidence of the bona fide nature of the marriage. By understanding the consequences of not removing conditions on the IR-6 visa green card, foreign spouses can take steps to ensure that they maintain their lawful permanent resident status in the United States.

Tags

Share this post:

Stay Connected