How can I remove condition on green card?

Asked 10 months ago - Brooklyn, NY

So my green card based on marriage (i-485) was issued as a conditional card (expires in 2 years) and must go in 2 years to remove conditions with form i-751 and a $505 in fees.
The card was issued 14 days before my 2nd year marriage anniversary, is there a way I can appeal to remove conditions based on the fact that I have been married to a U.S. citizen for 2 years (minus 14 days) on the day that my card was issued and avoid the i-751 (and it's fees) and more importantly get my permanent 5 years card? If so, how? Thank you

Attorney answers (5)

  1. Mara Andrea Stein

    Contributor Level 2

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . Immigration fees may seem expensive at the time of filing. But, think about the benefit you derive (hopefully). Isn't it worth the expense in the long run?

    NO, you cannot appeal the conditional nature of your residence. But, generally, here is what you can do:

    90 days before your 2nd anniversary as a conditional resident, if you are still married to the same U.S. citizen or resident, then file Form I-751 (and pay the fee).

  2. Aneliya M. Angelova

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Appeal what? The approval of your I-485? No. Just wait and file the I-751 when the time comes. Why the rush?

  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Sorry ... this isn't a game of horseshoes (in which close is good enough).

    14 days less than 2 years is LESS THAN 2 YEARS.

    File the forms and you'll get a 10 year card, not a 5 year one.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  4. Jeff L. Khurgel

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . No.

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more
  5. Annah L Icay

    Contributor Level 3

    1

    Lawyer agrees

    Answered . Unfortunately you cannot "appeal" the issuance of your conditional LPR card. USCIS based their decision as to your status at the time of your application filing, not when they issued the card. You should file to remove the condition, as the benefits certainly outweigh the cost of filing.

    This message is for general purposes only and does not establish an attorney-client relationship. annah@icaylaw.com

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