If you were married less than two years before you acquired your lawful permanent residence (your green card), U.S. immigration services will only grant you a conditional residency that is only valid for 2 years, instead of the 10 years that a permanent residence provides. 90 days before the two years are up, you must apply to remove the conditions or risk having your conditional residency expire and be placed in removal proceedings (deportation). To be able to successfully remove the conditions you must prove once again that your marriage is bona fide.

In some cases you may be separated or even divorced from the spouse who petitioned the residency for you. You may still be able to apply to remove the conditions if you can successfully waive the requirement that the removal of conditions be filed jointly with your petitioning spouse. For example if you were a victim of domestic violence, you will be able to waive the requirement to file jointly.

Any children included in the conditional residency must file a separate application to remove their conditions.

The filing of the application to remove conditions will extend your conditional residency for 12 months while your case is pending.

Contact us today to schedule a complete consult on the full details of your case with an experienced attorney at Hurtado Cavanaugh | Attorneys at Law. Consults are available in person at our multiple locations, over the phone, or via video conference.


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