There are many situations in which an individual comes to the United States with the intentions of getting married to a person who legally resides in the United States, whether they are permanent residents or citizens. When a couple gets married and one of the spouses is in the U.S. on a marriage visa, they will have conditions on their status for two years. In order to remain in the United States lawfully, the individual will have to have conditions removed from their status and adjust to a permanent resident status.

What is the eligibility criteria for removing conditions?

Not everyone is eligible to remove conditions from their permanent resident status. In order for a person to be considered eligible, they must meet the following criteria:

  • Two years have passed and they are still married to the same U.S. citizen or permanent resident that they came to the country to marry
  • Became a widow or widower that got married in good faith
  • The marriage, which was entered in good faith, has ended in divorce or an annulment
  • They entered the marriage in good faith but the U.S. resident spouse subjected them to extreme hardship or battering

When do I apply to have conditions removed?

All individuals who need to have their conditions removed are required to do so within the 90 days before their two years as a conditional resident expires. If you fail to meet this deadline, your status as a conditional resident will be automatically terminated and removal proceedings out of the United States will begin. The USCIS will provide a notice stating that you did not meet the deadline to remove the conditions. Finally, you will be given a Notice to Appear at a hearing, which will give you the opportunity to show that you did, in fact, meet the deadline contrary to the belief of the USCIS.

If you are able to prove that you had a good reason to miss the 90-day deadline, you can attempt to prove it in writing and your petition may be approved.

If you have questions regarding conditional residency in the United States, contact our firm today.

The Law Offices of Cheryl R. David practices immigration law throughout New York City. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.