Protecting your right to live and work legally in the United States is a matter of vital importance.This is particularly true in cases involving married couples. Not being aware of the rules and procedures governing your green card and your immigration status can significantly impact your loved ones and your relationships with them.

If your spouse is a U.S. citizen or a green card holder, you may have a green card with conditional permanent resident (CPR) status. Previously, this meant that you were subject to mandatory immigration interviews. At Garvish Immigration Law Group, our Atlanta family-based immigration lawyers are experienced with conditional permanent resident requirements and how recent changes waive immigration interviews in some cases.

A green card can be obtained through U.S. Customs and Immigration Services (USCIS), allowing immigrants from other nations to live and work legally in the United States. Known as a permanent resident card, it may be granted for a variety of reasons, such as your status as a refugee or someone seeking asylum, after continuously residing in the U.S. since January 1972, or when sponsored by an employer or family member.

Marrying a U.S. citizen or someone with permanent resident status is one of the most common ways of obtaining a green card. However, if you have been married less than two years, special conditions apply:

• Unlike a green card valid for ten years, a conditional permanent resident card is only valid for two years.
• You must file for a 10-year green card 90 days before your conditional permanent resident status expires.

When applying for a permanent green card, you must file Form I-751, Petition to Remove the Conditions of Residence, within 90-days of when your conditional residency expires. In addition, as part of your petition, you must prove that your marriage is bona fide. Previously, this meant mandatory attendance at immigration interviews.

In April of 2022, the USCIS issued a news release stating that they were updating and revising this policy by adopting a risk-based, data-driven approach to evaluate applicants. Rather than requiring all conditional permanent residents to attend immigration interviews, officials will review the case first to determine whether there is sufficient evidence that the marriage is legitimate and that no fraud or misrepresentation is taking place. Signs that may warrant an immigration interview include:

• Significant age differences or other discrepancies between the spouses;
• Children born during the marriage to other parents;
• Previous marriages to foreign nationals;
• Low employment and/or financial status;
• Having one person listed as both the immigration application preparer and officiant to the marriage.

The goal of waiving immigration interviews for some conditional permanent residents is to reduce processing times while streamlining staffing and resources. According to USCIS Director Ur M. Jaddou, identifying fraud and protecting national security is still a top priority, but the agency is dedicated to doing what it can to break down barriers in the immigration process and eliminate undue burdens on green card applicants.

If you are a conditional permanent resident, you need to be aware of policies and procedures that could impact your family and your rights to remain in this country. At Garvish Immigration Law Group, we are here to help.

Garvish Immigration Law Group serves clients in Georgia and throughout the United States and has the expertise and skilled immigration lawyers to provide your application with the best chance for approval. Give us a call at 1.800.951.4980 or contact our Atlanta family-based immigration lawyer online and request a confidential consultation today.

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