Under INA §216, if the case is approved, but the marriage is less than two years old at that time, the foreign national will receive conditional permanent residency, which bestows all the benefits of lawful permanent residency, but only for a period of two years. The director has the discretion to approve the petition and restore your permanent resident status.If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. A conditional permanent resident receives a Green Card valid for two years. Conditional lawful permanent residents are a subset of lawful permanent residents. Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. As it tur… You should include evidence of the abuse, such as restraining orders, affidavits from domestic violence shelters, photographs and/or medical reports detailing injuries as a result of the abuse, or other evidence. If an interview is required you will receive an appointment notice telling you when and where to appear for your interview.If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied.
Boundless is not affiliated with or endorsed by United States Citizenship and Immigration Services (USCIS) or any other government agency. Green Cards are usually issued with a ten (10) year validity period. You could very likely be placed in deportation proceedings, and in any event you will start accruing “unlawful presence” that could lead to you being barred from the United States for three or ten years if you left and tried to reenter.There are typically only three reasons that an application to remove the conditions on permanent residency might be denied. During this review, we must prove that the facts on your application were untruthful and/or that your application was properly denied.
The expiration date on your Green Card is also the date of your second anniversary as a conditional resident.
They give USCIS another chance to revisit the authenticity of your relationship and ensure that you have a genuine, or “bona fide,” marriage.If you or your spouse has conditional permanent residency, you’ll need to file If you don’t remove the conditions on your permanent residency, you will be “out of status” as soon as your conditional green card expires. In 1986, the precursor to USCIS estimated that one in three marriages between a U.S. citizen and a foreign national were fraudulent. You will be sent a notice reflecting this.An interview may be required to demonstrate eligibility to remove the conditions on your residence. If you file Form I-751 on time, we will extend your conditional resident status until a decision has been made on your application.
The process to remove you from the country will begin as soon as your application is denied. To remove the conditions on your permanent resident status, you must file a petition within the 90-day period before your conditional Green Card expires. However, green cards issued for Conditional Permanent Residents have a two (2) year validity. The specific eligibility requirements and procedures for removing conditions on permanent resident status are included in the Code of Federal Regulations [CFR] at 8 CFR Section 216.If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time.