Removing Conditions from Permanent Residence Based on Marriage

Feb 11, 2015 | Family Based-Petition

Basics on Waivers of Inadmissibility: Essential Guide for Law Firms

Struggling with complex waiver of inadmissibility cases?

Imagine turning these challenges into opportunities for your law firm.

Mastering the basics on waivers of inadmissibility can elevate your practice, leading to more successful outcomes, increased client satisfaction, and a stronger reputation.

In this article, we dive deep into everything you need to know about waivers of inadmissibility, from eligibility criteria to the application process.

Ready to boost your expertise and attract more clients? Read on to discover how.

Eligibility Criteria for Adjustment of Status

Many of my clients have obtained conditional permanent residence in the United States based upon marriage to a United States Citizen. Here are some common questions that I receive from some of my clients as a Miami immigration attorney.

Why is my permanent residence status “conditional?”
Your 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. Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

When am I given conditional resident status?
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.

How do I remove these conditions to my permanent residence?
In order to remove conditions to your permanent residence, you and/or your  immigration lawyer will file a Petition to Remove Conditions on Residence. If you do not know whether you presently qualify for removal of conditions, do not guess. My recommendation is to speak with a Miami immigration attorney to discuss your options.

How do I know if I am eligible to remove condition to my permanent residency?
You may apply to remove your conditions on permanent residence if you:

  • Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
  • Are a child and, for a valid reason, cannot be included in your parents’ application;
  • Are a widow or widower who entered into your marriage in good faith;
  • Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
  • Entered 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.

Note – this is by no means an exhaustive list. Immigration regulations are constantly changing. If you have any questions, you should always speak with an immigration lawyer.

Can I apply to remove my conditions, even if I am no longer married to my United States Citizen spouse?

You can apply to waive the joint filing requirement if you are no longer married to your spouse.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You may need to provide evidence that removal from the United States would cause you extreme hardship.

What happens if I am late in applying to remove the conditions on my permanent residence?
The consequences are grave. If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

  • Your conditional resident status may be terminated you may be subject to removal proceedings
  • You may receive a notice telling you that you have failed to remove the conditions
  • You may receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you.

If you think would like more information on how to remove conditions on your residency, please contact Miami immigration attorney The Law Office of Tatiane M. Silva, P.A., Esq. at (305)895-2500 or visit our website at www. mmurraylaw.com