Removal of Condition on Marriage-Based Permanent Residency

 

If you were granted lawful permanent residence (LPR) status based on your marriage to a United States citizen or permanent resident, then you are likely aware that your residence status is conditional.  This is based on the fact that your marriage was entered into on a good faith basis.  This condition on your status is so that you are not trying to enter the United States to evade other U.S. immigration laws.

Applicants may file an I-751 petition to USCIS in order to remove the conditions on his or her LPR status after two (2) years.  The petition must be filed within the ninety (90) day period before the second year anniversary of obtaining LPR status.  If the applicant is still married, then the petition should be filed jointly by the applicant and their spouse.

However, there are situations that may not allow an applicant to file the petition jointly with his or her spouse.  These include:

  • Divorce or annulment from spouse
  • Death of spouse
  • Victim of abuse from spouse

Should you fall into one of the above situations, then you may be eligible for a waiver of the joint petitioning requirements.  If this applies to you, then you should contact an attorney before the two year anniversary so that you do not miss the deadline to apply to remove the conditions on your LPR status.  If you fail to apply within the ninety (90) day window before the second anniversary, then your conditional resident status will be terminated and removal proceedings will be initiated against you.

Should removal proceedings be initiated against you, then it is extremely important to consult with an attorney about your situation and the options available to you.

Cynthia Waisman, an attorney, focuses her practice in the area of Immigration Law.  For more information, go to our website http://www.immigrationattorneytampa.net or call Tampa (813)279-6180 or Clearwater (727)712-2299.