Immigrants who obtain permanent residency status based on the marriage relationship are granted permanent residency on a conditional basis, if the marriage was less than two years old at the time permanent residency was granted. At the end of the two year period, the permanent residency expires and the immigrant must leave the United States, unless the conditions are "removed". The purpose of this law is to ensure that the marriage is bona fide. Today's blog will explain the process for removal of the conditions so that the immigrant may remain in status permanently as a lawful permanent resident.
How do I Apply?
The process for removal of conditions involves the proper preparation and filing of a petition to remove the conditions, Form I-751. The petition may also include a request for removal of conditions for any dependent children of the immigrant spouse. Typically, both the sponsoring spouse and the immigrant spouse both join in the petition. However, the immigrant spouse may file the petition separately without joinder by the sponsoring spouse, if it can be shown that (1) the sponsoring spouse is deceased; (2) the marriage was entered into in good faith, and the marriage has been terminated by divorce or anulment; ( 3) the marriage was entered into in good faith and the immigrant spouse has been subjected to battery or extreme cruelty by the sponsoring spouse; or (4) extreme hardship. Proving one of the grounds for removal of condition must be based on submission of credible evidence, such as photographs, statements of witnesses, police reports, divorce decree, etc.
When do I Apply?
The petition to remove conditions should be filed within the 90 day period prior to the expiration of the conditional permanent resident status. However, if the the filing is done separately rather than jointly with the spouse, the filing may be done at any time prior to removal from the United States.
Removal of conditions is an important step in the path to permanent residence and eventually naturalization, and should not be overlooked. Understanding the eligibility requirements and gathering the proper types and amounts of evidence to establish the legal basis for removal of conditions is critical. The immigration lawyers of Christiansen Law Firm have extensive experience assisting clients with removal of conditions. Christiansen Law Firm will evalulate the circumstances of your case and provide expert advice and guidance through the process. For more information, please contact the offices of Christiansen Law Firm in Houston or San Antonio.