Who can obtain conditional residence?

Individuals without citizenship in the United States need to complete certain eligibility requirements to be allowed into the country. They may have a relationship with a U.S. citizen to aid them during this process. In order to come into the country, they need documentation of why they are allowed to enter the country and live here as well. An individual who is married to a U.S. citizen can be eligible to obtain conditional residence. This can make them eligible to be granted for permanent residence status. They may also apply for this type of residency status if they qualify as an investor. For individuals with conditional residence, they are only able to remain in the country for a two year basis. After this, they will have to adjust their status or leave the country. There is an exception to this though. When a U.S. citizen sponsors their spouse, the marriage at the time of the adjustment of status of the non-citizen must be more than two years old to waive conditional residence and issue a 10-year permanent resident card.

What can I do when my conditional residence is about to expire?

Someone with conditional residence is only allowed to stay in the United States for a certain period of time. Usually this period of time only last for about two years. After this time period is over, the individual may face the possibility of being deported back to their home country. In order to avoid this from happening, the applicant must file a in 90 days or less before the conditional residence expires to remove this condition from their status. They can fill out a form. This form can be either be a petition to remove conditions on a residence if it was obtained due to a marriage or a petition by entrepreneur to remove conditions on their residence. Each form should be able to help this situation. It has the ability to extend residence for the individual for another year. However, not all applicants will be approved to stay. Make sure you know what the final decision is before deciding to stay in the country. Otherwise, you might face consequences.

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.