If you, your spouse or your child has received a conditional green card based on a marriage to a United States citizen, it is important that you speak with an immigration attorney who understands the complexity of the immigration system so that you may be properly informed of your options and the requirements for removing the condition on the green card. At the Law Offices of Norka M. Schell, LLC, in New York City, we represent clients before the Department of Homeland Security, United States Citizenship and Immigration Services. We focus on the broader picture, looking at how to assist you in both your Removal on Conditions on Green Card and in other immigration matters.
Investor must petition for removal of Condition on Residence status within 90 days before the second anniversary.
Conditional Residents who obtained Status through marriage must petition to USCIS to Remove the Conditions on his or her residence within 90 days before the second anniversary.
What You Should Know
Your permanent residence status is conditional (CR) unless it is more than 2 years old at the time of granting the immigrant status.
What are the Eligibility Criteria?
Generally, you may apply to remove your conditions on permanent residence if:
(1)You are still married to the same U.S. citizen or permanent resident after 2 years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days); (2) You are a child and cannot be included in the application of your parents for a valid reason; (3) You are a widow or widower of a marriage that was entered into in good faith; (4) You entered into a marriage in good faith, but the marriage was ended through divorce or annulment; (5) You 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; (6) The termination of your conditional resident status would cause extreme hardship to you.
Removal of Conditions by Joint Petition
You and your spouse must apply together to remove the conditions on your residence . You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. The timely filing of a joint petition or a waiver petition will automatically extends your status until the application is adjudicated.
What Results if You are Late in Applying to Remove the Conditions On Residence?
Removal of Conditions must be timely filed. If you fail to timely file your petition to removal of conditions or appear for interview, you immigration status will be terminated. However, USCIS may waive the untimely filing for "good cause and extenuating circumstances."
If you file and USCIS denies your petition, you will be placed in removal proceedings, and there is no appeal of a denied petition except in proceedings. You cannot file your Petition to Removal of Conditions with the Immigration Judge.
Can I Get a Waiver of the Requirement to File a Joint Petition?
A waiver of the joint filing requirement is available if the qualifying marriage was entered in good faith but during the marriage the beneficiary spouse was battled by pr was the subject of extreme cruelty perpetrated by his or her spouse and the beneficiary was not at fault in failing to meet the petitioning requirements. Also, if the US citizen or Legal Permanent Resident spouse dies during the two year period.
At the Law Offices of Norka M. Schell, LLC, our Immigration Lawyers diligently to make sure your Petition to Removal Conditions on Green is properly prepared and timely filed. We work diligently to make sure that you receive the best possible results in your immigration case.