Conditional Green Cards in California

1. What are the requirements for qualifying for a Conditional Green Card in California?

In order to qualify for a Conditional Green Card in California, an individual must meet all of the following criteria:

1. Have been married to a U.S. citizen or lawful permanent resident for two years or less;
2. Must have entered into the marriage in good faith;
3. Must be physically present in the United States when they apply for the Conditional Green Card;
4. Must be legally eligible to receive an immigrant visa; and
5. Must not be inadmissible for any reason as determined by U.S. Citizenship and Immigration Services (USCIS).

Individuals who are applying for a Conditional Green Card are also required to submit forms, such as Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status.

2. Does California accept foreign nationals for Conditional Green Card applications?

Yes, California does accept foreign nationals for Conditional Green Card applications.

3. Are there any special restrictions for Conditional Green Card holders in California?

Yes. Conditional Green Card holders in California are subject to the same restrictions as Green Card holders. These include: not being able to vote, not being able to obtain certain types of government benefits, and having to wait for a period of time before becoming eligible for U.S. citizenship. Additionally, Conditional Green Card holders must file form I-751 to remove the conditions on their permanent residency within the 90-day period before their two-year anniversary of being granted their conditional status. If they fail to do so, they may be subject to deportation.

4. What documents do I need to apply for a Conditional Green Card in California?

In order to apply for a Conditional Green Card in California, you will need to submit Form I-751, Petition to Remove Conditions on Residence. You will also need to provide supporting documents such as proof of the qualifying marriage, evidence of valid termination of prior marriages for each spouse, evidence of the marital relationship during the 2 years prior to filing, evidence of good moral character, and evidence of any change in name.

5. How long does it take to receive a Conditional Green Card in California?

The timeline for obtaining a Conditional Green Card in California varies depending on the specific case, but generally can take between 6 to 12 months to be processed.

6. Can I travel outside of California while holding a Conditional Green Card?

Yes, it is possible to travel outside of California while holding a Conditional Green Card. However, for any long-term or permanent international travel, you must be sure to obtain a Reentry Permit before you leave the United States, which can be done by submitting Form I-131, Application for Travel Document.

7. Is there a fee associated with obtaining a Conditional Green Card in California?

Yes, there is a fee associated with obtaining a Conditional Green Card in California. The fee is $220 for the I-90 application, plus the USCIS fee of $85. In some cases, additional fees may apply.

8. What rights and responsibilities do I have as a Conditional Green Card holder in California?

As a Conditional Green Card holder in California, you have the same rights as any other permanent resident in the US. You can work legally, receive certain forms of social assistance, travel abroad, and petition to bring family members to the US. You must obey all laws, including paying taxes, and you have the responsibility to help ensure that your green card is valid for its full duration and to apply for removal of the conditions before it expires.

9. What are the steps involved in getting a Conditional Green Card in California?

1. First, file an immigrant visa petition with the U.S. Citizenship and Immigration Services (USCIS). The petition must be approved by USCIS in order for a foreign national to obtain a green card.

2. Once the petition is approved, the foreign national will need to submit further documentation, such as a valid passport and proof of residence, to the appropriate U.S. consulate or embassy in their home country.

3. After the visa application is approved, the foreign national will be sent an appointment notice for a medical examination and biometric screening with a USCIS-approved civil surgeon in California.

4. Upon completion of the medical examination and biometrics screening, the foreign national must attend an interview at the U.S. consulate or embassy and provide proof of their family’s relationship to the petitioner.

5. Upon approval of the visa application, the foreign national will be issued a Conditional Green Card and allowed to enter the United States as a lawful permanent resident.

6. Within 90 days of entering the United States, the foreign national must file a form I-751 Petition to Remove Conditions on Residence with USCIS in order to remove the conditions on their green card and become a permanent resident of the United States.

10. When does my Conditional Green Card expire in California?

The expiration date for a Conditional Green Card in California is typically two years from the date it was issued. The U.S. Citizenship and Immigration Services (USCIS) will send you a notice of expiration approximately 90 days before your Conditional Green Card expires. It is important to note that you must apply to have the conditions removed from your Green Card prior to the expiration of your Conditional Green Card or you will lose your lawful permanent resident status.

11. How can I renew my Conditional Green Card in California?

In order to renew your Conditional Green Card, you must file Form I-751, Petition to Remove the Conditions on Residence, with the U.S. Citizenship and Immigration Services (USCIS) within 90 days of the expiration date on your Conditional Green Card. You will also need to provide supporting evidence to demonstrate that the marriage was genuine, such as joint tax returns, joint bank accounts, and other documentation of shared responsibility. For more information about renewing your Conditional Green Card in California, please visit the USCIS website.

12. If I move to another state, do I need to reapply for a Conditional Green Card in California?

No. Your Conditional Green Card is valid throughout the United States and you do not need to reapply for it after moving to another state.

13. Are there any tax implications for holding a Conditional Green Card in California?

Yes. If you’re a conditional resident holding a Conditional Green Card, you must file US federal income taxes. You’re expected to pay taxes on all income earned while living in the US, even if you’re not a US citizen or permanent resident. Additionally, you may be subject to California state taxes on that income.

14. Can I work legally with a Conditional Green Card in California?

Yes. You can work legally with a Conditional Green Card in California.

15. Does California allow family members to visit or live with me when I hold a Conditional Green Card?

Yes, family members are allowed to visit or live with someone who holds a Conditional Green Card in California. Family members include the green card holder’s spouse and unmarried minor children.

16. Are there any language requirements for obtaining a Conditional Green Card in California?

Yes, for many Conditional Green Cards, applicants must demonstrate that they can read, write, and speak basic English. There are some exceptions for certain groups, such as those over 50 or those with certain medical conditions.

17. What is the process for removing conditions on my Conditional Green Card in California?

The process for removing the conditions on your Conditional Green Card in California is as follows:
1. File Form I-751, Petition to Remove Conditions on Residence.
2. Submit evidence of a valid marriage. This can include joint bank statements, joint income tax documents, affidavits from people who know you, copies of birth certificates of any children born to you and your spouse, and proof of joint ownership of property.
3. Attend the biometrics appointment at a local USCIS office.
4. Attend the interview at the local USCIS office. A USCIS officer will evaluate your application and ask questions about your marriage.
5. Receive notice of the decision from USCIS. If approved, you will receive a new permanent green card in the mail within a few weeks.

18. Does California issue dual citizenship to holders of a Conditional Green Card?

No, California does not issue dual citizenship to holders of a Conditional Green Card.

19. Are there any restrictions on renting an apartment or purchasing property with a Conditional Green Card in California?

Yes, there are restrictions on renting an apartment or purchasing property with a Conditional Green Card in California. This is because a conditional green card is only valid for two years and does not provide the same legal rights as an unconditional green card. Therefore, landlords and lenders may require additional documentation or proof of income to ensure that you are able to pay rent/mortgage payments and are legally allowed to rent/own the property. Additionally, a conditional green card holder may not be able to qualify for certain programs, such as HUD housing.

20. How can I stay informed about changes to the requirements for obtaining a Conditional Green Card in California?

The best way to stay up-to-date on the requirements for obtaining a Conditional Green Card in California is to periodically check the U.S. Citizenship and Immigration Services (USCIS) website for updates. The USCIS website provides a wide range of information regarding immigration, including detailed information about eligibility requirements for conditional green cards. Additionally, monitoring changes in immigration policy can help you stay informed about the latest requirements.