What Should I Know About Conditional Residency in the United States?

When a person is given conditional residency in the United States, they are required to “remove the conditions” in order to stay in the country as a permanent resident. There are many things that an individual must know about applying for permanent residency. Continue reading below to educate yourself on the topic and contact an experienced New York immigration attorney for guidance moving forward. 

What is an I-751 Petition?

When conditional residency is permitted in the United States, individuals only have this status for two years after it is granted. After the two-year period is up, a person’s conditional residency expires automatically. When this happens, they are subject to deportation. There are a variety of reasons as to why a person may have conditional residency and need them to be removed. For example, this is often seen when a foreign individual obtains their status through marriage. In order for them to remove the conditions of their residency, both spouses must sign an I-751 Petition.

If an individual wants to have their status adjusted, they must have proper legal status when they apply. This can be submitted through a form I-485, also known as the Application to Register Permanent Residence or Adjust Status. Once submitted, background checks will be conducted before a decision is made regarding the application.

What is the Process of Removing Conditions?

In order for an individual to avoid being deported, they must file Form I-751 to remove conditions on their residence less than 90 days before it expires. After the application is received, permanent residency can be extended in increments of one year until the request to remove conditions is reviewed. When submitting the application, individuals may require certain documentation. For example, applications based on marriage to a citizen may require joint financial statements, children’s’ birth certificates, and letters from friends, relatives, and employers. In some cases, an applicant may be required to do a follow-up interview with an immigration officer if additional evidence is needed. This must be attended by both spouses. If the process is successful, the individual can be granted permanent residency and then be able to apply for United States citizenship.

Contact our Firm

The Law Offices of Cheryl R. David practices immigration law throughout NYC. Immigration is a sensitive issue, which is why you should consider a compassionate, experienced, and aggressive immigration attorney who will guide you every step of the way. If you have questions about your particular matters regarding immigration please do not hesitate to contact our office to discuss your circumstances and options.