Removal of Conditions on Legal Permanent Residency
If you obtained your green card through marriage and you have been married for less than two years, you will need to apply to remove the conditions on your residency within two years of obtaining your green card. Failure to do so could result in your removal or deportation.
If you and your spouse are still lawfully married, you as a couple will file the paperwork together. At the end of the two year period, 90 days prior to the two year anniversary, you must file a “joint petition” to remove the conditions. If USCIS approves the petition, the resident spouse is given unconditional LPR status.
In some circumstances, you cannot file a joint waiver and the conditional resident must request that the joint filing requirement be waived, based on any of the following grounds:
- Marriage was entered into in good faith, but the spouse has died;
- Marriage was entered into in good faith, but the marriage has been terminated by divorce or annulment;
- Marriage was entered into in good faith, but the conditional resident has been battered or subjected to extreme cruelty by the citizen spouse; or
- Termination of permanent residency and deportation would result in extreme hardship.
An experienced attorney can help you with this process and ensure that your application is approved by USCIS, without the stress of having to interview with the local office. If you and your spouse are experiencing marital problems, we can help evaluate your case and support you throughout the process, too.
For further information or questions please call 703-596-0235 to schedule a consultation in our Alexandria, Virginia office. Our firm can help clients in Virginia, Maryland, and DC – or any other state – because immigration is a federal matter.
For further information or questions please schedule a consultation in our Alexandria, Virginia office.