Am I Eligible to Have Conditions Removed from My Marriage-Based Permanent Resident Status?

If you have marriage-based permanent resident status, you were likely issued a two-year Green Card and were likely granted to be a conditional resident for these first two years. You start with conditions on your resident status to ensure that your marriage is legitimate and not just a means to legally enter the United States. To have these conditions removed, there are certain criteria that you must meet and there is a certain application process in place that you must accurately follow. Follow along to learn what this application process entails and how a proficient NYC adjustment of status attorney of the Law Office of Cheryl R. David can guide you every step of the way.

How can I have conditions removed from my marriage-based permanent resident status?

As insinuated above, your conditional marriage-based permanent resident status is only valid for two years. Once this expires, it cannot be renewed if you fall under the following criteria:

• You received your conditional marriage-based permanent resident status through marriage to a U.S. citizen or a lawful permanent resident.
• You were admitted to the U.S. as a fiancé of a U.S. citizen and then married said U.S. citizen.

Rest assured, you can have these conditions removed from your status, so long as you fall under the following criteria:

• Your same marriage that originally brought you to the U.S. is still intact after two years.
• You are now a widow or widower who entered your marriage in good faith.
• You entered your marriage with a U.S. citizen in good faith but it ended through a divorce or an annulment.
• You entered your marriage with a U.S. citizen in good faith but your spouse was abusive toward you.

What is the application process to have conditions removed?

Further, if you meet the appropriate criteria, you may apply to have conditions removed from your marriage-based permanent resident status through Form I-751. It is important to note that you must file this application within 90 days before the end of the allotted two-year period. If not, your status will be automatically terminated and you will be issued a Notice to Appear.

Below is a comprehensive list of how the application process will play out:

1. You will fill out Form I-751 and sign it.
2. You will pay the applicable filing fee.
3. You will collect all required evidence and supporting documentation.
4. After filing all of the above, you will receive a confirmation receipt notice.
5. You will then receive an applicable biometric services notice.
6. After completing this appointment, you will then receive a notice to appear for an interview.
7. After completing the interview, you will receive a notice of the decision.

If you require assistance, contact a skillful NYC family immigration attorney today.

Contact Our New York City Immigration Lawyers

For an initial consultation with a skilled New York immigration lawyer, contact the Law Office of Cheryl R. David.