What to Know About L-1 Visas | NYC Immigration Law
Conditional residence is a temporary form of permanent residency in the United States. While that may sound confusing, it is generally granted for two years to those who have obtained a green card through marriage or certain investments. However, in order to remain in the United States after these two years, the green card holder must have the conditions removed for permanent residency. This differs from standard permanent residency, as it requires an additional filing to remain valid beyond the initial two-year period. Failure to do so can result in loss of status and the potential for removal. As such, understanding this process and the requirements is critical for conditional permanent residents in New York City and across the United States.
Conditional residence allows certain individuals the right to live and work freely in the U.S., but on a temporary, often two-year basis, before receiving full permanent residency. This most commonly impacts those who have received a green card through marriage to a U.S. citizen or other green card holder. However, as mentioned, if the conditions of residency are not removed before the expiration, the individual may lose their legal status and face serious immigration consequences.
Form I-751 is a petition filed to remove the conditions on your green card and transition you to permanent 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 to have those conditions removed. When you are granted permanent residency in the United States, it is only 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 may be subject to deportation.
For conditional permanent residency obtained through marriage, both you and your spouse must sign the I-751 Petition. To have your status adjusted, you must be an immigrant who entered the United States legally, and you must be a conditional permanent resident seeking to remove the conditions of your residency 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 decide on your application.
In order to avoid deportation in New York City, 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.
If you are seeking permanent residency in New York City, you will need a trustworthy attorney who will fight for your rights. At the Law Offices of Cheryl R. David, we understand how important it is that you are protected throughout the process. Do not hesitate to contact a firm you can count on.
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