How can you remove conditions of residence?

| May 21, 2019 | Firm News

The legal issues that immigrants have to navigate are complex, even if they are already currently residing in the United States. If you live in the U.S., one of the issues you may have to address is the removal of conditions on your resident status. As with any other process associated with immigration law, this can be an arduous undertaking.

As a permanent resident of the United States, your status is conditional if based on a marriage that was less than two years old when you received permanent resident status. This requirement is to ensure that people are not marrying U.S. citizens simply to obtain immigration status. You will have to undertake certain steps to remove conditions, ensuring your ability to remain in the U.S. long-term.

What do you have to do?

If your status is still conditional and you want to remove these conditions, you will want to first see if you qualify. You can move forward with this process if the following apply to you:

  • You remain married to the U.S. citizen after two years.
  • You are now a widow or widower after entering your marriage in good faith.
  • Although you entered the marriage in good faith, the marriage ended in divorce or annulment.
  • You entered the marriage in good faith, but you experienced abuse or battery at the hands of your U.S. citizen spouse.

If you believe you are eligible for this step, you will then have to move forward through the process of having the conditions removed from your status. You, along with your U.S. citizen spouse, will have to complete the Form I-751. This is a step you will need to take in the 90 days leading up to the second anniversary of the date you gained resident status.

It is crucial to act on this step in the appropriate time frame. Failure to do so could ultimately lead to a revocation of your conditional resident status and perhaps removal from the country.

Protecting your long-term interests

When it comes to your ability to remain in the United States, you will want to do everything possible to secure your interests and protect your ability to remain in the country. Your ultimate goal may even be citizenship. In order to accomplish these things, it is exceptionally beneficial to work with a Texas attorney who can help you traverse the complex legal landscape of immigration law and avoid unnecessary complications.