Individuals can achieve conditional permanent residency status by marrying or becoming engaged to a lawful permanent resident or a United States citizen. Others may obtain permanent residency status through entrepreneurship.
It is important to note that a conditional permanent residency status only lasts for two years. Once this period expires, you must file a renewal petition to remove your conditional status. If you do not take this action, United States Citizenship and Immigration Services (USCIS) could revoke your legal status.
If you are looking to remove your conditional permanent residency status, an immigration lawyer from Hacking Immigration Law, LLC could offer some assistance. A San Diego removal of conditions lawyer could assist you with filing your petition and streamlining the process for you.
Removing Conditions Based on Marriage
In many situations, an immigrant may receive a conditional green card if they apply of lawful permanent residency status through their spouse. It is important to note that people will only get conditional green cards in a marriage situation if the marriage is less than two years old at the time of the green card being issued. If the marriage is more than two years old at the time of the green card being issued, the immigrant would get a 10-year green card.
A petitioner may be able to remove conditions on their permanent residency status if their marriage to the United States citizen continues for two years. A widow or widower may also be able to remove their conditional status, assuming they entered their marriage in good faith. In situations where a couple divorces before an immigrant is able to receive their green card, an applicant should speak with a San Diego attorney about the removal of their residency conditions as separation may complicate this process.
Filing a Joint Petition for Removal of Conditions
In general, when an immigrant wants to remove the conditions on their legal residency, this means filing a joint petition with their spouse. It is important to note that the filing deadline is 90 days before the second anniversary of obtaining an initial conditional permanent residency status.
Immigrants and their spouses must file a joint petition within this time period. If they fail to do so, immigration officials may automatically terminate the conditional permanent residency status. Moreover, the government can initiate removal proceedings.
Under some exceptional circumstances, USCIS has discretion to accept a late-filed petition. USCIS may accept a late petition under the following circumstances:
- The applicant demonstrates good cause for the delay
- Special circumstances existed which prevented timely filing
- The immigration court does not yet have jurisdiction to hear or adjudicate the removal proceeding
Also, in some cases, USCIS may waive the joint petition requirement. This may happen in cases where removal or deportation would create an extreme hardship – such as a financial hardship – for the immigrant spouse. An attorney in San Diego who has experience with the removal of conditions process could help an immigrant determine if they are eligible to file their petition passed the required deadline.
Removing Conditions Based on Entrepreneurship
A petitioner who obtained conditional permanent residency status through entrepreneurship may also be able to request a removal of conditions. The same goes for individuals who obtained this status through a spouse or parent who was an entrepreneur but who is now deceased. A San Diego lawyer could help someone with the removal of conditions process if they originally immigrated to the U.S. for entrepreneurial purposes.
How a San Diego Removal of Conditions Attorney Can Help
In addition to filing a petition for removal of conditions, you must pay the proper filing fees and submit all necessary evidence and documentation to USCIS. You must also follow all of the filing instructions and submit your petition at the proper location. A San Diego removal of conditions lawyer could assist you with the application process and make sure that you submit the necessary documentation along with your application. For help with your case, call today.