Permanent Residence Based on Marriage – Removal of Conditions

Sep 18, 2015 | Marriage Fraud

As a Miami immigration lawyer who handles many marriage green card cases, I always remind my clients that their permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. Below are some frequently asked questions about conditional residence based on marriage, and removing those conditions.

When does my conditional residence start?
You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. If you have any questions as to when your conditional residence started – do not guess. I would encourage you to speak with a Miami immigration lawyer.

Why is my permanent residence conditional?
You must prove that you did not get married to evade the immigration laws of the United States. In other words, the USCIS is on the lookout for people who abuse the system, and get married solely for the sake of obtaining a green card.

Am I eligible to remove the conditions on my permanent residence?
That depends. You should ask yourself the following questions before  making a decision:

  • Are you still married to the same U.S. citizen or permanent resident after 2 years?
  • Are you a widow or widower who entered into your marriage in good faith?
  • Did you enter into a marriage in good faith, but the marriage ended through divorce or annulment; or
  • Did you enter into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse?

If any of the above apply to your situation, you may be eligible to remove conditions on your permanent residence. However, I would suggest that you speak with a Miami immigration attorney to discuss your options.

What happens if I am late to remove the conditions on my permanent residence?
If you fail to properly file the necessary application to remove conditions within the 90-day period before your second anniversary as a conditional resident, the consequences can be pretty dire:

  • Your conditional resident status will automatically be terminated and the USCIS  may begin removal proceedings against you
  • You may receive a notice from the USCIS telling you that you have failed to remove the conditions
  • You may receive a Notice to Appear at a removal hearing

The scenario described above is unfortunate, and can be avoided by a timely filing to remove conditions on your permanent residence within the specific deadline. Again, I would suggest speaking with a Miami immigration lawyer to discuss what is required.

Do I have to attend an interview?
In some cases, yes, you will have to attend an interview may be required to demonstrate eligibility to remove the conditions on your residence. If an interview is required you will receive an appointment notice telling you when and where to appear for your interview. You can speak with your Miami immigration lawyer if you have any questions about this.

What happens if my application to remove conditions is denied?
If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. The appeals process can be complicated, so I would strongly suggest that you speak with a Miami immigration attorney about your options.

If you would like more information on removing conditions on your permanent residence, please contact Miami immigration lawyer The Law Office of Tatiane M. Silva, P.A., Esq. at (305) 895-2500 or visit our website at tmsilvalaw.com.