Eligibility requirements for removing marriage-based resident conditions

On Behalf of | Oct 18, 2021 | Family Immigration

When permanent resident status is based on a relatively new marriage, it is not uncommon for the  status to be tied to several conditions. For example, if the marriage is less than two years old on the date when the United States granted permanent residence status, the status is conditional. Fortunately, you can take steps to remove these conditions.

Individuals who have faced the United States immigration process understand how complex and frustrating it can be. One simple mistake can lead to a rejection or, even worse, removal proceedings. When their status is based on marriage, however, these individuals fear that a divorce might mean the end of their life in the U.S. Fortunately, there are numerous reasons why the conditional status can be legally removed without forcing someone to leave the country.

If you entered the marriage in good faith and:

  • Your U.S. citizen or lawful permanent resident spouse has died
  • The marriage ended through divorce or annulment
  • You or your child was battered or subjected to extreme cruelty at the hands of your U.S. citizen or lawful permanent resident spouse
  • The termination of your status and subsequent removal from the United States would lead to extreme hardship

If any of these scenarios has occurred, you can apply for the removal of your conditions of residence. While the eligibility conditions might seem harsh, they are in place to ensure you are not forced to remain in a physically or emotionally turbulent marriage simply to protect your resident status. These requirements are complex, however, as is the process of removing conditions. It is important to work with an experienced immigration attorney who can provide the guidance you need.