Who Is Eligible
The following types of people with conditional resident status can file a petition for the removal of conditions in favor of permanent residency.
- Spouse of a US citizen or permanent resident
- A divorced, separated, or widowed spouse of a US citizen or permanent resident
- A child who received conditional status 90 days after his parent got the same
- Abused partner of a US Citizen
In case of divorce and abuse, you need to consult an immigration lawyer to navigate through tricky issues and potential questions and prove that your marriage was in good faith.
The Filing Process
By filing the Petition To Remove Conditions of Residence within 90 days of the expiry of your conditional green card, you get a residential extension for up to 12 months. It can be filed even if you are out of the United States. But the applicant has to return for the interview. The process requires joint signing and interview of the applicant and his or her spouse. In case of divorce or separation, a request for the waiver from the joint application is required.
The U.S. Citizenship and Immigration Services requires the couple to be present for an interview and give biometrics. If anything is found missing or incomplete, they may deny your application. Unless there are issues, the application is approved with a 10-year, green card.
Common Issues To Consider
- Delay in approval: It may take 5-12 months to remove conditions on residence and get permanent resident status.
- Joint filing waiver: One may seek a waiver from joint filing of a Petition To Remove Conditions of Residence in case of death, divorce, or abuse from the spouse. Abuse or extreme cruelty is also a ground for seeking the waiver. However, good documentation is needed.
- Good faith marriage condition: You need to prove that the marriage is not a sham to obtain resident status. Immigration authorities are very strict about it and reject any permanent residence status if have reason to believe it is a fraudulent marriage.
Immigration requirements for approving a Petition To Remove Conditions of Residence are stringent and complex. You cannot afford to make any mistake or become lax. It pays to seek the advice of an expert immigration attorney.
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