Removing Conditions on Permanent Resident Status

If you became a permanent resident based on marriage to a U.S. citizen or permanent resident, and if you obtained your permanent resident status before your second wedding anniversary, then your status is “conditional permanent resident.”  Your green card is valid for 2 years.  You will need to file a petition to remove those conditions, to make the transition from “conditional permanent resident” to “permanent resident.”  This process is referred to as “removing the conditions” on your permanent resident status.

If you remain married to, and living with, the person who filed the petition for your 2-year green card, then you and your spouse should file the petition to remove conditions during the 90-day window of time leading up to the expiration of your 2-year green card.

If you are no longer married, or if your spouse is not willing to sign the petition, you may file the petition without your spouse’s signature.  There are several reasons for filing the petition without your spouse’s signature:

(1) Your spouse is deceased.

(2) You and your spouse have divorced.

(3) During your marriage, your spouse abused you, battered you, or subjected you to extreme cruelty.

(4) The termination of your permanent resident status would result in an extreme hardship.

If you are filing the petition without your spouse’s signature, then the time deadlines that are generally applicable to a joint filing do not apply to you. If your spouse is not signing the petition, then you could file earlier or later than the normal 90-day window of time.

After you file the petition, you will receive a receipt from USCIS on heavy paper, tinted green.  This receipt will state that your permanent resident status is automatically extended for a period of one year.

The petition to remove conditions on permanent resident status often involves complex legal and factual issues.  In order to have the best chance of success, and to avoid unnecessary delays in the process, I suggest that you work with an experienced immigration attorney on this process.

I have successfully handled many of these petitions.  I would be happy to work with you on your case.

3 Different Ways to Permanent Residence Based on Marriage

Many of my clients are persons who are either engaged to be married, or are already married.  Usually, one of the persons is a U.S. citizen or lawful permanent resident of the United States, and the other person is a citizen of another country and would like to obtain lawful permanent resident status in the United States.

For many persons, there are generally 3 different ways to move forward in the process of obtaining permanent resident status.

Fiance/Fiancee Visa:  For persons who are not yet married, one option is an application for a fiance/fiancee visa.  Please note that only U.S. citizens may file a fiance/fiancee visa petition.  The fiance will attend a visa interview at the U.S. Consulate in the home country or in a country where the fiance has permission to reside.  Upon approval, the fiance travels to the United States, and then must marry the U.S. citizen petitioner within 90 days of entering the United States.  If they do not marry, then the fiance must depart the United States.  As soon as they marry, then the fiance may apply for permanent resident (green card) status.

Immigrant Visa:  Another option is for the persons to legally marry, either in the United States or in any country in which the marriage may be legally performed.  After the legal marriage, the U.S. citizen or lawful permanent resident spouse files a petition for his/her spouse.  The spouse will attend a visa nterview at the U.S. Consulate in the home country or in a country where the fiance has permission to reside.  Upon approval, the spouse travels to the United States and enters with the immigrant visa.  The date that the spouse enters the United States is the date that the person becomes a lawful permanent resident (green card status).

Adjustment of Status:  A third option, for certain persons who are present in the United States, is for a married couple to apply for adjustment of status in the United States.  “Adjustment of status” is a term that means that the applicant is applying to become a lawful permanent resident of the United States while the person is in the United States.  This procedure, if successful, means that the applicant does not need to attend an interview at a U.S. Consulate outside the United States.

Each of these three options has certain advantages and disadvantages.  Moreover, each of these options is only available to certain persons who meet the requirements and for whom the option is beneficial to them.

I have considerable experience with each of these 3 pathways to lawful permanent resident status.  I would be glad to communicate with you about these options.

Removing conditions on permanent residence

If you became a Lawful Permanent Resident through your spouse, and if you were married for less than two years on the day you became a permanent resident, then your permanent residence is “conditional,” which means that it is valid for two years.  You must submit a petition to remove the conditions on your permanent residence.

Under the “Resources” section of our website, we have some brief documents that outline various aspects of Immigration Law.