Immigration Removal Of Conditions
What is the removal of conditions and why do I need to apply for it?
USCIS grants conditional permanent resident status when you are either admitted to the United States on an immigrant visa or adjust your status to that of a permanent resident, provided the marriage is less than two years old the day you become a permanent resident.
Your status is conditional until you prove, after a specified period of time, that you did not enter the marriage to circumvent the immigration laws of the United States. You must file Form I-751, Petition to Remove Conditions on Residence, to remove conditions.
Requirements
Generally, you must apply to remove the conditions on permanent residence with your U.S. citizen or lawful permanent resident spouse or stepparent (called “filing jointly”) if:
- You are still married to the same U.S. citizen or lawful permanent resident after two years.
- Your parent is still married to the same U.S. citizen spouse or lawful permanent resident after two years, and you are not included in your parent’s Form I-751
What happens if the U.S. petitioner and I are no longer in a married relationship?
There may be situations that lead to separation or break in relationship with the U.S. petitioner. USCIS takes this situation in consideration and allows filing of removal of condition the U.S. citizen or lawful permanent resident spouse or stepparent.
- The U.S. citizen or lawful permanent resident spouse or stepparent is deceased and you entered the marriage in good faith
- You married in good faith, but the marriage ended through divorce or annulment
- You married in good faith, but you or your child were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse
- Your parent married in good faith, but you were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident stepparent or parent
- The termination of your status and removal from the United States would result in extreme hardship.*
You can file for removal of conditions 90 days before the expiration of the permanent resident card along with the supporting documents.
Family-Based Immigration Types
Immigration Marriage Petitions
A permanent resident card Green card can be obtained through marriage to a U.S. citizen or lawful permanent resident. This status allows the beneficiary of the permanent residency to stay and work in the United States.
Immigration Fiance Visa
If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States to get married, you must file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 non-immigrant visa for your fiancé(e).
Immigration Removal Of Conditions
Your status is conditional until you prove, after a specified period of time, that you did not enter the marriage to circumvent the immigration laws of the United States. You must file Form I-751, Petition to Remove Conditions
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Immigration Types
Family Immigration
When building a new life in the USA, it is crucial that your loved ones can join you. At R Patel Law, our legal team assists immigrants with family-based immigration for a fiancé(e), spouse, children, parents, and other relatives.
Business Visa
R Patel Law Firm’s Florida Business/ Employment Immigration Attorneys can help you apply for certain visas designed for foreign nationals to live and work in the United States.
Investor Visa
At R Patel Law, we understand the unique challenges investors and entrepreneurs face regarding immigration. Our team is here to help you navigate the complex immigration process and achieve your goals.
Removal Defense
Under U.S. law, Asylum may be granted to foreigners who can establish a well-founded fear of persecution if they were returned to their home countries based on particular social group.
Change of Status
Foreign nationals with a non-immigrant visa may have the opportunity to change their status to another category while in the United States. Known as a Adjustment/Change of Status.
Work Permits
All U.S. employers are required to make sure that their employees are legally allowed to work in the United States, regardless of their immigration or citizenship
status.
Immigration Court Cases
Receiving a summons to appear before a judge in immigration court can be intimidating. You may be worried about what to expect and what steps you should take to protect and your family.
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