Conditional Green Cards in Delaware

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

In order to qualify for a Conditional Green Card in Delaware, applicants must meet the following criteria:

1. Have been married to a US citizen or Lawful Permanent Resident for less than two years;
2. Have been admitted to the US through a valid visa;
3. Be in compliance with all immigration laws;
4. Have not committed any criminal or immigration violations;
5. Not be inadmissible to the US based on certain criminal or medical grounds; and
6. Demonstrate that the marriage was entered into in good faith and not for the purpose of circumventing immigration laws.

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

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

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

Yes, there are special restrictions for Conditional Green Card holders in Delaware. According to the Delaware State Immigration Services, Conditional Green Card holders must obtain a valid Delaware driver’s license or identification card. Conditional Green Card holders are not eligible for certain jobs, including jobs that require a security clearance, jobs with access to classified information, or jobs with the federal government. In addition, Conditional Green Card holders are not eligible for certain public benefits, including Social Security and Medicare programs.

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

In order to apply for a Conditional Green Card in Delaware, you will need to submit Form I-751, Petition to Remove Conditions on Residence. In addition to this form, you must also provide evidence of the relationship upon which your immigration status is based (such as a marriage certificate or evidence of shared assets) and proof of your continuous residency in the United States. You will also need to include two passport-style photos, a copy of your current Green Card, and the fee required by the U.S. Citizenship and Immigration Services (USCIS).

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

The amount of time it takes to receive a Conditional Green Card in Delaware depends on several factors, including the type of visa and the applicant’s immigration status. Generally, the process usually takes around 6-12 months from the time the application is received by the U.S. Citizenship and Immigration Services.

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

Yes, you can travel outside of Delaware while holding a Conditional Green Card. However, you must make sure to carry all your immigration documents while travelling and return to the U.S. before the expiration date of your Conditional Green Card or you may not be allowed to re-enter.

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

Yes, there is a fee associated with obtaining a Conditional Green Card in Delaware. The fee for the I-751 petition to remove the conditions on the green card is $595, plus an $85 biometrics fee.

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

As a Conditional Green Card holder in Delaware, you have the same legal rights and responsibilities as any other permanent resident in the United States. This includes the right to travel, work, and live in the United States, the responsibility to pay taxes, and follow all US laws. Additionally, as a Conditional Green Card holder, you must maintain your status by filing Form I-751 with US Citizenship and Immigration Services (USCIS) before the expiration date on your card.

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

To obtain a Conditional Green Card in Delaware, the following steps must be taken:

1. Submit Form I-129F, Petition for Alien Fiancé(e) to the United States Citizenship and Immigration Services (USCIS). This form must be accompanied by supporting evidence such as a passport copy, birth certificate, proof of termination of any prior marriages, and evidence of the couple’s ongoing relationship.

2. After the Form I-129F is approved, the foreign national fiancé must apply for a K-1 visa at the nearest U.S. Embassy or Consulate. The applicant will need to provide the K-1 visa petition approval notice from USCIS, a valid passport, two passport-style photos, medical examination results, and other supporting documents.

3. Upon entering the U.S., the foreign national fiancé will be admitted as a K-1 nonimmigrant.

4. Within 90 days of entry in the U.S., the couple must marry and file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS within the 90 day period. This form must be accompanied by evidence of the marriage and other supporting documents such as copies of any prior divorce decrees, police certificates from all countries where the foreign national has lived for more than six months since age 16, and evidence of financial support.

5. Within six months of filing Form I-485, the foreign national spouse will receive a two-year conditional green card.

6. During this two-year period, spouses must jointly file a petition to remove the condition on their green card (Form I-751). The petition must be filed within 90 days before the expiration of their conditional green card to avoid losing their status.

7. After USCIS approves Form I-751, the foreign national spouse will receive an unconditional 10-year green card.

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

Your Conditional Green Card will expire two years after being granted, as long as you have not already become a permanent resident.

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

To renew your Conditional Green Card in Delaware, you must file Form I-751, Petition to Remove Conditions on Residence, with U.S. Citizenship and Immigration Services (USCIS). You must submit the form within 90 days of the expiration of your Conditional Green Card. Along with the form, you must include evidence of your relationship with your U.S. citizen or lawful permanent resident spouse, as well as biometric information and a filing fee. For specific information on how to renew your Conditional Green Card in Delaware, consult an immigration attorney or contact the USCIS Customer Service line at 1-800-375-5283.

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

Yes, you will need to reapply for a Conditional Green Card in the state you are moving to.

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

Yes, there are tax implications for holding a Conditional Green Card in Delaware. In order to obtain a permanent Green Card, the applicant must meet all the requirements of the IRS, including filing all applicable taxes. The applicant also must meet any state tax filing requirements. In Delaware, non-residents are subject to state income tax on income earned in Delaware.

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

Yes, you can work legally with a Conditional Green Card in Delaware. However, you must meet certain requirements including having a valid Green Card and Employment Authorization Document (EAD).

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

Yes, Delaware does allow family members to visit or live with you when you hold a Conditional Green Card. However, family members must apply for their own visa or green card in order to be able to stay for more than a few months.

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

Yes. All conditional green card holders must demonstrate “sufficient ability to speak and understand English” and must be able to read, write, and understand basic words and phrases in English. Applicants must take an English language test and pass it with a score of at least 40 out of 100 in order to demonstrate their language proficiency.

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

The process for removing conditions on a Conditional Green Card in Delaware is the same as it is for any other state. You must file Form I-751, Petition to Remove Conditions on Residence, with U.S. Citizenship and Immigration Services (USCIS). If you are still married to the same person who petitioned for you, you must file the form together with your spouse. If you are no longer married, you must file Form I-751 alone and provide evidence that the marriage was entered into in good faith. This can include evidence such as joint bank accounts, letters from family and friends, and evidence of shared living expenses. After USCIS approves your application, they will issue you a new green card without conditions.

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

No, Delaware 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 Delaware?

No, there are no restrictions on renting an apartment or purchasing property with a Conditional Green Card in Delaware. The same rights that apply to U.S. citizens and permanent residents also apply to Conditional Green Card holders in Delaware.

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

The best way to stay informed about changes to the requirements for obtaining a Conditional Green Card in Delaware is to visit the U.S. Citizenship and Immigration Services (USCIS) website. The USCIS website provides up-to-date information on all immigration policies and regulations, including those related to Delaware’s Conditional Green Card program. Additionally, you may contact a local immigration attorney or the USCIS office nearest you for more specific information related to your individual situation.