Petition To Remove Conditions of Residence (Part 2)
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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E-mail us at Info@LawrenceLegal.Law; or
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- Published in Family, Family-Based Petition, ICE, Immigration
Traveling Outside US and Re-Entry: Consequences to your Immigration Status (Part 4)
Why Should You Avoid Extended Travel?
If US citizenship is your ultimate aim, avoid extended travel out of the country. A permanent resident can apply for citizenship 3 or 5 years (subject to his status) after staying in the United States. During this period, he must
- be physically present in the country for more than half of the time,
- have a continuous presence in the state, where his application is filed, for more than 3 months, and
- have not remained absent from the United States for more than a year.
Find out detail qualifications and requirements for US citizenship while consulting an expert immigration attorney.
Different Types of Travel Documents Required
Advance parole is for those who have applied for permanent residence, adjustment status benefits, or asylum status.
The refugee travel document is a must for refugees, asylum seekers, and temporary residents with protected status.
Re-entry permits are for permanent residents or those with conditional resident status.
Failure to obtain any of these travel documents may result in the denial of entry to the United States. Explore your options and fight against deportation or removal proceedings with the help of an immigration attorney.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Immigration
Traveling Outside US and Re-Entry: Consequences to your Immigration Status (Part 3)
What Is Re-entry Permit?
This permit essentially lets you re-enter the country because you received approval before hand.
The permit can be used by permanent residents who plan to stay outside for over six months or one year. It is valid for two years or until the date you need to apply for removing residency conditions. Such a permit protects you from traveling issues impacting your immigration status. However, the permit benefits cease to exist if your absence leads authorities to believe that you cut all ties with the United States.
To avoid such immigration blues, you must consider applying for a re-entry permit. Always consult a reliable immigration lawyer to know about re-entry permit and its advantages.
When Can A Green Card Holder Be Denied Re-Entry?
- If you have certain medical conditions, including tuberculosis.
- If your entry appears to be facilitated by foreign governments or agencies.
- If you are accused of committing crimes.
- If your long absence causes a cut off of all ties to the country.
It is pertinent to seek advice from a visa attorney prior to traveling to a foreign country, as the reasons for admission refusal outnumber the deportation grounds.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
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- Published in ICE, Immigration
Traveling Outside US and Re-Entry: Consequences to your Immigration Status (Part 2)
Should I Stop Traveling Outside?
It depends on what you are trying to accomplish. I always advise my clients not to leave while any immigration application is pending. While we may be overly cautious, we look out for the client’s best interest. The immigration process is lengthy, expensive and exhaustive. I would hate if one my client’s application was deemed abandoned because US Citizenship and Immigration Services (USCIS) saw that they left the country.
If you are a Legal Permanent Resident then our advice would be to limit your international travel to less than 180 days out of the year. The reason is USCIS may claim that because you spend half of your time outside the USA then you don’t want to be a “permanent” resident. While it is silly we have to play by their rules. Also if you want to apply for citizenship, USCIS will look at your past five years and make sure that you spend at least half of that time in the USA.
Now let’s pretend you have to travel outside the country for an emergency or something of great importance. There is a re-entry permit that if granted could allow you back into the country without your application being deemed abandoned or without any consequence to your green card.
Talk to an us to know what travel length may spell troubles for your particular case.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Immigration
Traveling Outside US and Re-Entry: Consequences to your Immigration Status (Part 1)
If you have an application for permanent residency pending, you need to be cautious when traveling outside the country. I recommend to my clients not to leave the country while your immigration status is pending. The reason is because immigration could deem that you abandoned your application when you left the country. Obviously this wasn’t the immigrant’s intent however US Citizenship and Immigration Services (USCIS) may deem it abandoned.
If you have already received your permanent residency then It does not restrict you from traveling to any other country. Spending extended periods outside or failure to submit re-entry proof may go against you when applying for citizenship. Get in touch with an expert Houston immigration attorney if you are likely to face an issue due to traveling outside too frequently.
Traveling Impact on Legal Permanent Residents
Traveling and spending an extended period of time outside the USA can make an application for citizenship a little bit more difficult. Here are a few recognized travel conditions that may impact a Legal Permanent Resident.
- Being outside the USA for 6 months, USCIS may deem you abandoned your permanent resident status
- If you are absent for more than a year, the USCIS may cancel your permanent resident status.
- Any foreign stay beyond two years even makes re-entry permits invalid. A returning resident visa is the only option.
If you have a green card, you must be mindful of not staying too long on foreign soil. It may cause your green card to become annulled. Consult a professional immigration attorney to know how travel can affect your immigration status.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in ICE, Immigration