Featured News 2016 Conditional Permanent Residence Based on Marriage

Conditional Permanent Residence Based on Marriage

Have you received conditional permanent residence based on marriage? If so, the conditional permanent resident status is only valid for 2 years. If you wish to remain a permanent resident in the United States, you must petition to have the condition removed 90 days before the green card expires.

Let's say that you are the spouse with the conditional permanent resident status based on marriage. Your permanent resident status was deemed "conditional" because you were married less than 2 years when you were given permanent residence. Under U.S. immigration law, people are given conditional resident status on the day that the lawfully enter the U.S., or on the day their status is adjusted to permanent residence.

Your Conditional Status

Why is your status "conditional?" Because, the U.S. has been exploited in the past by people who married for the sole purpose of evading U.S. immigration laws. So, in order for the U.S. to prevent immigration fraud based on marriage "scams," it's making immigrants prove that they did not get married so they could become U.S. citizens faster.

Are you eligible to remove the conditions? You should be able to remove the conditions on your permanent residence if you:

  • Are a child and for legal reasons, are not able to be included in your parents' application,
  • Are currently married to the same permanent resident or U.S. citizen and it's been at least 2 years since you were married,
  • Are now a widow or widower, and when you married your deceased spouse, you did so in good faith,
  • Entered the marriage with honest intentions, but the marriage ended for some valid reason and it was annulled or you got a divorce, or
  • Entered the marriage with honorable intentions, but you or your child became a victim of spousal or child abuse at the hands of your U.S. citizen or permanent resident spouse.

Generally, for someone to remove conditions, they must apply with their spouse by filing a Form I-751. Make sure that you file your application during the 90 days before your current residency expires. If you're not sure where to find this date, it will be located on your green card. If you do not apply to have these conditions removed, you could lose your status as a conditional resident and be subject to removal proceedings.

To apply to have your conditions removed, contact an immigration attorney in our directory!

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