Removal of Conditions
A permanent resident status is conditional if it is based on a marriage that was less than two years old on the day the permanent residence was granted. A conditional resident status is only valid for two years. The two year condition is enforced as an effort to prevent marriage fraud. If the couple remains married, they are required to file a joint petition to remove the conditional status on the foreign national’s green card. The joint I-751 petition must be filed during the 90 days immediately before the second anniversary of the date on which the conditional resident status was granted. The date the conditional resident status expires.
A foreign national may apply for a waiver from this joint filing requirement when filing a joint petition is not possible. Waivers are available under following circumstances:
- The marriage was entered into in good faith but it ended in a divorce.
- The marriage was entered into in good faith, but the spouse has died.
- The marriage was entered into in good faith and the marriage continues, but the foreign national has been battered or been subject to extreme cruelty by their U.S. citizen or legal permanent resident spouse.
- The termination of status and removal of the foreign national would result in extreme hardship.
- Please note: Waivers are very fact specific and require careful preparation of the filing.
Upon receipt of the filing, USCIS issues a receipt notice extending the conditional resident status for an additional year. During the one year extension, the foreign national continues to have authorization to work and travel. USCIS will process the petition and if it is satisfied as to the merits of the case the petition is approved. If USCIS doubts the merits of the case or has additional questions the conditional resident could be required to appear for an interview. Once the petition is approved, the condition is removed and the foreign national becomes a legal permanent resident.
If the petition for removal of conditions is not filed in a timely fashion, the conditional resident status is automatically revoked as of the second anniversary of the date on which the conditional residence was granted. Once status is revoked, the foreign national is eligible for removal from the United States. Relief from removal may be possible if a petition is properly filed with an explanation for the late filing included. Removal and deportation are serious consequences and an immigration lawyer should be contacted for appropriate legal advice.
To get more information on removal of conditions or to discuss your matter with one of our attorneys please call us at (845) 353-3500, email us at info@visalawyergroup.com or SCHEDULE A FREE CONSULTATION.
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