What is a Conditional Residence?

If you are someone who is in the United States through a conditional residency, there are several things you must know about applying for permanent residency. This is a big step, so you need to ensure you educate yourself and hire an experienced attorney before you begin. If you are about to file an I-751 Petition, here are some of the questions you may have:

What is an I-751 Petition?

Essentially, you would file an I-751 Petition to remove conditions on your residency. For example, if you have obtained status through marriage to a United States citizen, then there is a good chance you may wish to file this petition in order to have those conditions removed. When you are granted permanent residency in the United States, you only have it on a conditional basis for two years after it is granted. When this two-year period is over, the conditional permanent residency automatically expires and you will be subject to deportation. For conditional permanent residency obtained through marriage, both you and your spouse must sign the I-751 Petition. In order to have your status adjusted, you must be an immigrant who entered the United States legally, and you must be in proper legal status at the time of your application. Adjustment of status is then submitted to the immigration service on form I-485, Application to Register Permanent Residence or Adjust Status. The service will conduct background checks and then make a decision regarding your application.

What does the process look like? 

In order to avoid deportation, you must file Form I-751 Petition to Remove Conditions on Residence less than 90 days before your conditional residence expires. Once your application is received, permanent residence is extended in 1-year increments until the request to remove conditions is considered. If your application is based on marriage to a United States citizen, you would submit your children’s birth certificates, joint financial statements and letters from employers, friends, and relatives.  Sometimes, you will be required to attend a follow-up interview with an immigration officer. However, this may be waived if you have provided sufficient evidence. If you are unable to avoid an interview, both you and your spouse must attend. If all goes as it should, a lawful permanent resident may then apply for United States citizenship.

Contact our New York firm

If you are seeking permanent residency in the United States, you will need a trustworthy attorney who will fight for your rights. We understand how important it is that you are protected throughout the process. Do not hesitate to contact a firm you can count on.

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.