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Risks in Not Removing Conditional Residence Status

close up of a couple sitting on a bed wearing sweaters and jeans, the focus is on an engagement ring

Those who received their conditional residence status through marriage or a fiancé(e) visa have to file for conditions to be removed to become a lawful permanent resident (LPR). However, not removing these conditions can do more harm than good. In fact, they may prevent an individual from not being able to pursue LPR at all. Here’s what you need to know.

Why You Should File to Remove Conditions

It’s important first to understand that conditional permanent resident status is only valid for two years; after which, a Green Card cannot be renewed. Because of this, those who wish to continue residing in the United States must file a petition to remove these conditions within 90 days of the expiration date.

How to File a Form I-751

To petition to remove the conditions from residency, you must file a Form I-751. Since the conditional status is based on marriage, couples who are still married must file jointly. However, to file without a spouse, you must fall into one of these categories:

  • Marriage was in good faith but spouse died;
  • Marriage was in good faith but later terminated by divorce or annulment;
  • Marriage was in good faith but you have been subject to “extreme cruelty” or battered by spouse; or
  • Conditional resident parent entered marriage in good faith but you (the child) have been subject to extreme cruelty or battered by the lawful permanent spouse or conditional resident parent; or
  • Termination of status and removal from the country would result in extreme hardship.

After determining whether to file jointly or separately, here are the general items that must be completed:

  • Ensure every petition is signed.
  • Pay the appropriate filing fees.
  • Submit all necessary documents and evidence.
  • Schedule a Biometric Services appointment.

More information on the appropriate instructions can be found here. It’s essential to remember to file all of the correct documentation and information as requested. Not doing so or missing the deadline can result in losing your resident status and make you subject to removal from the United States.

Need Assistance? Call (800) 708-4399.

The skilled immigration attorneys at Maney | Gordon | Zeller, P.A. are prepared to help you and your loved ones through the immigration process. If you need assistance filing your petition for condition removal or other matters, call (800) 708-4399 to discuss with a member of our team, and to find out why our clients call us the best immigration lawyers in Tampa.


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