Removal of Conditions of Permanent Residence
Renewal of the 2-year Green Card
In marriage-based petitions, the immigrant spouse will be granted conditional permanent residence if the marriage was contracted less than 24 months preceding the approval of the immigrant petition.
During the 90 days preceding the 2-year conditional residence period (which is also the expiration of the Green Card), the conditional resident must file a petition to remove the conditions of residence.
If a petition for removal of conditions is not filed, the immigrant spouse will be placed into deportation proceedings by the U.S. government, and will be likely removed from the United States.
Instead, if the petition is filed timely and is approved, the immigrant spouse will receive a 10-year Green Card. It is also important to know that spouses of U.S. citizens can apply for U.S. Citizenship after only 3 years having received the initial Green Card.
The petition can be filed jointly by both spouses, or can be filed by the conditional permanent resident alone.
Joint Petition for Removal of Conditions
The joint petition is filed with the USCIS with Form I-751 along with all the documents that show that the marriage was contracted in good faith. While the in-person interview is mandatory for any applicant for Adjustment of Status, the USCIS generally waives the interview for joint petitions to remove conditions on permanent residence, especially when the petition and supporting documents was carefully prepared by an experienced
Waiver of Joint Petition
When the conditional permanent resident is unable to file a joint petition for removal of his conditional permanent residence, a request for a Waiver must be made. Often, this happens when the qualifying marriage is terminated by a divorce, or when the immigrant spouse was subject to violence and cruelty by his or her U.S. citizen spouse.
In such cases, the conditional permanent resident can still file the petition to remove the conditions on his or her permanent residence, but will have to apply for a Waiver of Joint Petition.
A waiver or joint petition can be requested on the basis that the qualifying marriage had been entered in good faith, or on the basis that the foreign spouse was abused by his or her U.S. citizen spouse.
Because the denial of a waiver of joint petition will subject the foreign spouse to removal proceedings, it is crucial that the application waiver is prepared by a competent immigration lawyer.
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