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Removal of Conditions on Permanent Residence

Removal of Conditions on Permanent Residence

Removal of Conditions on Permanent Residence

The U.S. Citizenship and Immigration Services (USCIS) issues marriage-based conditional permanent residency via conditional green cards to those people whose permanent residency is based on a marriage that is less than two years old (on the day of issue). This conditional status is based on the couple’s need to prove the legal legitimacy of their marriage – proving that it is not an attempt to circumvent the nation’s immigration laws. If you have questions or concerns about your marriage and permanent residency, reach out to an experienced California immigration lawyer.

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Steps of
Family-Based Adjustment of Status

Your Conditional Green Card

Your conditional green card amounts to a two-year probation period in which you and your spouse will compile a record of your marriage. Toward the end of your two-year conditional status, you will file a Petition to Remove Conditions on Residence in support of your legal marriage. Failure to file properly leads to the automatic loss of conditional permanent resident status on the date of your conditional green card’s expiration. 

Eligibility

Those eligible to have the conditions on permanent residence removed include the following:

  • You remain married to a U.S. citizen throughout the two-year timeframe and you married in good faith. Your children can be included in your application if they obtained their own conditional resident status at the same time or within 90 days of yours. 
  • You are divorced from your U.S. citizen spouse, whom you married in good faith.
  • You have been widowed from your U.S. citizen spouse, whom you married in good faith. 
  • Although you entered the marriage in good faith, either you or your children were abused by your U.S. citizen spouse. 

Evidence that Your Marriage Is Bona Fide

The kind of evidence you typically need to demonstrate to the U.S government that your marriage is bona fide (and not green card fraud) include, but is not limited to:

  • Your jointly filed income tax returns (or married-but-separate filed returns)
  • A lease that demonstrates you rent a home together or a deed that shows you own a home together
  • Financial records demonstrating that you own assets jointly and that you have joint liabilities
  • The birth certificates of any children you share
  • Mail that is addressed to both of you at the address that you share
  • Any life insurance policies in one of your names that lists the other as a beneficiary
  • Medical bills that list both of your names
  • Your driver’s licenses and your vehicle registrations listing your shared address 

Additionally, USCIS may require both of you to attend an interview prior to obtaining your Application for the Removal of Conditions.

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You Need an Experienced California Immigration Attorney in Your Corner

If you have conditional permanent residency based on marriage, having the conditions removed is an important step forward that you must address when the time comes. The dedicated California immigration attorneys at Miranda, Magden & Miranda, LLP, in Salinas are well acquainted with successfully maneuvering the legal intricacies of permanent residency, and we are on your side. To learn more about how we can help, please don’t hesitate to contact us today.

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