Removal of Conditions Attorney in Providence, Rhode Island

If you currently have a conditional permanent residence status from marrying a U.S. citizen, you must take action before your two-year provisional period is over. By staying on top of filing deadlines and ensuring you have all the necessary supporting documentation, this process—though time consuming—can be fairly straightforward. However, there are many times when circumstances make this more difficult, such as the death of a spouse, or a divorce. These cases can bring added stress and strain to individuals who have made a life for themselves and their families here in the U.S., and may now be worried about deportation.

In times like these, it can help to have the assistance of an experienced immigration attorney to make sure you have the best chances of retaining your resident status. The Savage law in Providence, Rhode Island offers skilled guidance and reliable advocacy to help clients throughout the area work through their immigration concerns.

What is Removal of Conditions?

When you receive a conditional permanent residence status (often referred to as a Green Card) as the result of marrying a U.S. citizen, you have two years from the date your card was issued to petition to have the conditions removed. Conditional status is applied to ensure people aren’t taking advantage of the U.S. immigration system by bypassing or evading laws. By successfully removing these conditions, your status would then transition to a lawful permanent resident.

Who is Eligible?

If you were legally married to a U.S. citizen for two years and received a conditional permanent resident status, then you are eligible to apply to have these conditions removed. This is true even if your marriage ended in divorce, and you can also apply on behalf of any minor children who obtained legal resident status at the same time you did.

Typically, this request is made jointly by both spouses, though there are circumstances when the petition may be filed individually. If you entered the marriage in good faith but it ended in divorce, your spouse died, or you or your children were subject to abuse, you can file this petition on your own. You also have standing if you can prove that revoking your permanent residence status and being deported to your home country would cause extreme hardship.

What Happens if You Don’t File?

If you fail to file in time, you risk losing your Green Card and you may be removed from the U.S. However, there are waivers available to those who have extenuating circumstances beyond their control that prevent them from filing on time. If this is your case, the Savage law can help you collect all pertinent evidence and submit a request for an extension.

The Process of Filing for Removal of Conditions

You must petition the U.S. Citizenship and Immigration Services (USCIS) department within 90 days of your two-year resident card expiring. If you are still married, this should be filed jointly with your spouse, though you can file individually as well. You’ll need to fill out Form I-751 and submit basic personal information including a copy of your Green Card and a biometric data fee. You will also need to provide enough evidence to prove your marriage was entered in “good faith.” Examples of this could be joint bank or mortgage statements, jointly held utility bills, birth certificates of any children who were born after the marriage, as well as two signed affidavits from people who have known both spouses since the conditional residence was granted.

Gathering and submitting this evidence can be time consuming and difficult, especially if you’re no longer married and don’t want to risk losing your status. By hiring an immigration lawyer with experience working with the USCIS and documented residents like yourself, you can improve your chances of a smooth transition into a lawful permanent resident status.