What is conditional residence?

Individuals who enter the United States from another country may have acquired a visa depending on their situation. A visa can be granted for a variety of situations. The individual may be seeking an education in the country at a specific institution. With a student visa, they will be given access to enter the country and reside here while they are receiving their education. After they are done with their education, they may have to leave the country since the purpose for their visa is no longer applicable. Visas usually have time limits on them. Individuals must be aware of how long their visa grants them permission to remain in the country. Otherwise, their visa may expire and they may face removal proceedings. These proceedings can cause a three to 10-year bar that may be applied after you are deported. This can prevent you from entering the country again for years.

Conditional residence allows individuals to enter and live in the country based on a specific reason. If they entered the country due to their spouse who is an American citizen, they may only have this status for a certain period of time. Once this time has expired, they can face the possibility of removal from the country. This is a scary thought and can be a terrifying reality if it were to occur.

How can I remove a condition for my residence?

If individuals have limitations due to a conditional residence, they may be able to file a I-751 petition to remove these conditions and give them a more permanent status in the United States. Before the conditional residence expires, the individual must file this petition. This can be done 90 days or less before the petition is set to expire. When the application is received, the permanent residence of the individual can be extended in one-year increments until the request to remove the conditions of their residence is considered. Evidence will be required to support the petition. However, this evidence can vary depending on the conditions that affected the limited residence. For example, applications that were based on a marriage may require evidence in the form of a marriage certificate or birth certificates of their children. It can help to establish that the marriage is legit and not one that was created under fraudulent means.

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