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What is Permanent Residence Based on Marriage?
Lawful permanent residency is a status that aliens may obtain after immigrating to the U.S. It is one step in the citizenship process. Lawful permanent residency may be granted for marriage, but it will be conditional if the marriage was less than 2 years old when the applicant was granted residence. The reason why such permanent residency is conditional is to make sure that the alien did not get married solely to avoid immigration laws.
How Do I Remove the Conditions?
To remove conditions on your lawful permanent residency:
- You and your husband/wife must apply to remove the conditions. Your application should be filed during the 90 days before your second anniversary as a conditional resident. You could lose your status and face removal if you fail to apply in time.
- You may be able to waive the joint filing requirement if you are no longer married or if your spouse has abused you.
Who May Apply to Remove Conditions?
You may be able to apply if you:
- Are still married to the same citizen or resident after 2 years
- Got married in good faith, but the marriage ended in divorce or annulment
- Are a widow or widower from a good faith marriage
- Got married in good faith, but were subjected to battery or extreme hardship by your spouse
- Would suffer extreme hardship if your conditional resident status was terminated
How Do I Apply?
Generally, if you are filing a joint application (with your spouse), you must submit:
- USCIS Form I-751 (Petition to Remove the Conditions on Residence) with you and your spouse's signatures
- A copy of USCIS Form I-551 (Permanent Resident Card)
- Proof that you were not married in an attempt to avoid U.S. immigration laws. Such evidence may include:
- Children's birth certificates
- Documents that show you own property together
- Leases (showing the same place of residence)
Do I Need an Experienced Immigration Law Attorney?
An experienced lawyer can guide you to the relevant laws concerning your situation. A lawyer would be able to inform you of the procedures you must take to remove any conditions on your residency. In certain cases, you may be able to obtain free legal advice.
Consult a Lawyer - Present Your Case Now!
Last Modified: 12-18-2012 02:33 PM PST
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