You can apply to have the travel document condition removed from your green card by following these steps.
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What is the travel document condition?
The travel document condition is a requirement placed on certain green card holders that states they must have a valid passport from their country of citizenship in order to enter and re-enter the United States. This condition is typically placed on green card holders who are from countries that do not have a longstanding history of peaceful relations with the United States. For instance, countries that have been designated as state sponsors of terrorism by the US government are subject to this condition.
If you are a green card holder who is subject to the travel document condition, it is important to understand how it works and what you can do to remove it.
Why might you want to remove the travel document condition?
If you are a permanent resident with a green card that has the travel document condition on it, you might want to remove the travel condition for one or more of the following reasons:
-You no longer need a travel document to return to the United States after traveling abroad.
-You want to apply for a passport from your country of citizenship.
-You want to have a passport from your country of citizenship for identification purposes.
-You want to be able to apply for government benefits that are available to citizens of your country (such as voting in elections).
-You want to be able to sponsor relatives who want to immigrate to the United States.
How to remove the travel document condition
If you are a permanent resident with a conditional green card, you will need to file a petition to remove the conditions on your residency. This is usually done during the 90 days before your green card expires.
The first step is to file Form I-751, Petition to Remove the Conditions on Residence. You will need to include evidence that you meet the requirements for removing the conditions, such as proof of a bona fide marriage or proof of joint ownership of property.
After your petition is filed, you will be scheduled for an interview with a USCIS officer. During the interview, you will need to provide evidence that your relationship is still bona fide and that you have not abandoned your residency in the United States.
If your petition is approved, you will be issued a 10-year green card. If it is denied, you may be placed in removal proceedings.
What are the requirements for removing the travel document condition?
If you are a permanent resident whose Green Card is subject to the travel document condition, you may apply to have the condition removed. You must meet the following requirements:
-You must have been a permanent resident for at least two years.
-You must have maintained continuous residency in the United States during that time.
-You must not have been outside the United States for more than 180 days during that time.
-You must not have abandoned your residence in the United States during that time.
If you meet these requirements, you may file Form I-751, Petition to Remove Conditions on Residence, with USCIS. The form must be filed within 90 days of your second anniversary as a permanent resident.
How to file the petition to remove the travel document condition
If you are a legal permanent resident (green card holder) and you received your green card through marriage to a U.S. citizen or lawful permanent resident, then you will have a travel document condition on your green card. This means that you will need to apply for a new Green card after you have been married for 2 years.
You can file the petition to remove the travel document condition from your green card after you have been married for 2 years. The process is as follows:
You will need to fill out the form I-130, which is the Petition for Alien Relative. You will need to include evidence of your relationship with your spouse, as well as evidence that you are still married. You will also need to pay the filing fee.
Once you have filed the petition, you will need to wait for it to be approved by USCIS. Once it has been approved, you will be scheduled for an interview at your local USCIS office. At the interview, you will need to bring evidence of your relationship with your spouse, as well as evidence that you are still married.
If USCIS approves your petition, they will remove the travel document condition from your green card and issue you a new green card without the travel document condition.
What supporting documentation do you need to file?
To file for the removal of the travel document condition from your green card, you will need to submit:
-A completed and signed Form I-751, Petition to Remove Conditions on Residence.
-A copy of your green card front and back.
-Evidence that you have maintained continuous residency in the United States since being granted conditional permanent residence. Continuing residency means that you have not left the United States for long trips or periods of time and that you have established a life in the United States (i.e., job, home, community ties, etc.).
-If your spouse is no longer able to help you meet the requirements for removing conditions on residence (because of divorce, separation, or death), you must submit evidence to show this change in circumstances. You may also need to prove that you entered into your marriage in good faith and not for immigration purposes.
-Your filing fee ($595 as of 2020), or a request for a fee waiver.
How long does it take to remove the travel document condition?
The process of removing the travel document condition from your green card can take up to two years. In order to begin the process, you must first file a petition with the US Citizenship and Immigration Services (USCIS). Once your petition is approved, you will then need to attend an interview with a USCIS officer. If everything goes well, you should receive your new green card within a few months.
What are the risks of removing the travel document condition?
There are a few risks to consider before removing the travel document condition from your green card. First, if you have any outstanding travel bans or restrictions, you will not be able to remove the condition and will need to reapply once the ban or restriction is lifted. Second, if you have any criminal convictions on your record, you may not be eligible to remove the travel document condition. Finally, if you have ever been denied entry into the United States, you will need to overcome that ineligibility before you can remove the travel document condition.
What if my petition to remove the travel document condition is denied?
If you are denied, you will be notified in writing and given the specific reason(s) for the denial. You will also be told what, if anything, you can do to correct the problem and have your petition reconsidered. For example, if you are denied because USCIS believes you no longer meet the eligibility requirements for a travel document, you may be able to submit evidence to show that you do meet the requirements.
Can I appeal if my petition to remove the travel document condition is denied?
Yes, you can appeal the decision if your petition to remove the travel document condition is denied. You will need to file a notice of appeal with the court and state the grounds on which you are appealing the decision. The court will review your case and may reverse the decision if it finds that the original decision was made in error.