Removal of Conditions Explained

If you’ve obtained a two-year, Conditional Permanent Residence in the United States based on your marriage to a United States citizen or Permanent Resident through the immigrant visa or adjustment of status process, you may be wondering about the Removal of Conditions on Permanent Residence process.

Marriage-based visas and adjustments of status to a permanent resident are granted to a non-citizen spouse on a conditional basis for a two-year period, when the non-citizen spouse and U.S. citizen or Permanent Resident spouse have been married for less than two years at the time the non-citizen spouse became a Permanent Resident.

Conditions on Permanent Residence

However, upon removing the conditions on Permanent Residence, the non-citizen spouse will obtain Permanent Residence and will be issued a Permanent Resident Card, renewable every 10 years with the opportunity to apply for Naturalization (U.S. Citizenship) in the future.

To be eligible to remove conditions on Permanent Residence, the non-citizen spouse and U.S. citizen or Permanent Resident spouse must prove to the U.S. Government that they did not enter their marriage to circumvent the immigration laws of the United States.

The non-citizen spouse and U.S. citizen or Permanent Resident spouse must jointly file the Petition to Remove Conditions on Residence with the U.S. Government within the 90-day period before the non-citizen spouse’s two-year Conditional Permanent Resident status expires. The non-citizen spouse and U.S. citizen or Permanent Resident spouse must prove they are still married and submit documentation indicating their marriage was entered in good faith and was not for the purpose of circumventing immigration laws of the United States.

Failing to file the Petition

The failure of a non-citizen spouse to timely file the Petition to Remove Conditions on Permanent Residence will result in the loss of lawful immigration status in the United States and may subject the non-citizen spouse to removal proceedings before an immigration judge.

It is imperative to seek the advice of an experienced immigration attorney in matters of a late filing by the non-citizen spouse, the separation, annulment, or divorce of the non-citizen and U.S. citizen or Permanent Resident spouse, in matters involving domestic violence during the relationship, in matters involving the criminal arrest, presentation of criminal charges, or criminal conviction of the non-citizen spouse or in matters involving the non-citizen spouse’s detention by U.S. immigration enforcement authorities or involvement in removal proceedings before a U.S. immigration judge.

An experienced immigration attorney understands the nuances of each client’s case, conducts a case-by-case review of each client’s matter, and helps each client determine the strength of his or her case.

An experienced immigration attorney provides individualized, professional service based on the client’s needs, has first-hand experience and valuable insight into the preparation of each client’s filing and presentation to the U.S. Government, and offers a client real-time insight into the U.S. government’s processing of these types of matters.

Looking for an Experienced Immigration Attorney

It is widely reported that the U.S. Government processing times of immigration petitions and applications have been increasing. It can be incredibly stressful and frustrating for individuals awaiting news of their cases. An experienced immigration attorney can help you navigate the timeline for the processing of your Petition to Remove Conditions on Permanent Residence.

If you filed a Petition to Remove Conditions on Permanent Residence, you may be required to appear for an interview before an immigration officer. Experienced immigrants may be able to prepare in advance of your interview and represent you at your interview. With an attorney by your side, you can help ensure your case is handled properly by the U.S. Government.

If you are searching for an Albuquerque Immigration Lawyer to help you understand the Removal of Conditions on Permanent Residence process, Attorney Cristina Chávez is the right immigration attorney to help you. To schedule a consultation, contact Cristina Chávez, Attorney at Law, LLC at (505) 506-0236.

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Provisional Unlawful Presence Waivers (Extreme Hardship Waiver)

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If you are applying for lawful permanent residence (a green card) through a family member, but you entered the United States without a visa, travel document, or other form of authorization, and have resided in the United States without authorization for a period of more than 180 days, you may be required to seek legal forgiveness for your immigration violations by applying for a provisional unlawful presence waiver before you leave the United States for your consular interview. A provisional unlawful presence waiver is sometimes referred to as an “extreme hardship waiver,” a “pardon,” or a “I-601A, Application for Provisional Unlawful Presence Waiver.” 

Information for Noncitizen Individuals

Noncitizen individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return. An individual may seek legal forgiveness for his or her unlawful presence in the United States by applying for a provisional unlawful presence waiver. 

In the process of applying for a provisional unlawful presence waiver, you will be required to submit the proper forms, correct fees, and all supporting evidence to the U.S. Citizenship and Immigration Services (USCIS) to prove that your exclusion from the United States for 10 years will result in extreme hardship to your U.S. Citizen or Lawful Permanent Resident spouse or parent.  

For an individual without legal training

For an individual without legal training or experience with the U.S. immigration legal system and without knowledge of the factors USCIS will consider in reviewing his or her case, the process for applying for a provisional unlawful presence waiver can be overwhelming. Still worse, missteps in the application process can result in the rejection of an application for a provisional unlawful presence waiver, significant delays in the processing of an application, or the denial of an application. 

Also, failure to notify the National Visa Center (NVC) of your intentions to apply for a provisional unlawful presence waiver and failure to apply for a provisional unlawful presence waiver before leaving the United States for your consular interview at a U.S. Embassy or Consulate may result in your inability to return to the United States for an extended period of time, or in some cases, result in permanent separation from your family. Mistakes can also result in a loss of family income, increased personal expenses, and legal expenses as you determine your options for lawfully returning to the United States, if possible.

With the widely reported and ever-increasing backlogs and processing times at U.S. Citizenship and Immigration Services and other agencies comprising the U.S. immigration legal system, the time is now to take affirmative steps to determine your eligibility for a provisional waiver of unlawful presence. 

Contact an Experienced Immigration Attorney

Cristina Chávez, Attorney at Law, LLC has successfully represented U.S. Citizen or Lawful Permanent Resident clients and their noncitizen family members in navigating the family-based immigrant visa process at every step of the way. We have represented clients before the U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and the U.S. Embassies and Consulates abroad to reunite U.S. citizens or Lawful Permanent clients with their noncitizen family members in the United States.

Contact Cristina Chávez, Attorney at Law, LLC at (505) 506-0236 to schedule a consultation with our immigration attorney to discuss your eligibility to file for a provisional waiver of unlawful presence. 

 

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    Our Services

    Our services in Immigration Law include:
    • Family-Based Immigrant Visas
    • Fiancé Visas (K1)
    • Waivers of Inadmissibility ("Pardons")
    • VAWA (Abused Spouse, Child, Parent)
    • Adjustment of Status
    • Removal of Conditions on Permanent Residence
    • Naturalization
    • Certificate of Citizenship
    • U Visa (Victims of Certain Crimes)
    • Deferred Action for Childhood Arrivals (DACA)
    • Immigration Bond Requests
    • Name Change
    • Passport Applications
    • FBI Background Checks
    • Retrieval of Immigration Records
    • Removal (Deportation) Defense, including Asylum and Cancellation of Removal.
    • Retrieval of Criminal Records
    • And More...

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    We provide legal representation in immigration matters across the entire United States. We represent clients in Texas, California, Arizona, and Florida. Locally, we serve all of New Mexico and West Texas, including Albuquerque, Amarillo, Artesia, Bernalillo, Bernalillo County, Cibola County, Chaves County, Clovis, Curry County, Deming, Doña Ana County, El Paso, Española, Farmington, Gallup, Grants, Grant County, Hobbs, Las Cruces, Las Vegas, Lea County, Los Alamos, Los Lunas, Lovington, Lubbock, Luna County, Midland-Odessa, Otero County, Raton, Roosevelt County, Roswell, Ruidoso, Sandoval County, San Juan County, San Miguel County, Santa Fé, Santa Fé County, Santa Rosa, Silver City, Socorro, Torrance County, Truth or Consequences, Tucumcari, and Valencia County.

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