Conditional Permanent Resident Status - Removal Requirements

Conditional Permanent Resident: A two-year Conditional Resident Status is imposed on LPRs who obtained their status based on a marriage with a U.S. citizen that occurred within two (2) years of adjusting to permanent resident in the U.S. or entering the U.S. as a permanent resident following a consular process.

Process
To remove the condition, the U.S. citizen and conditional LPR must file a joint petition (Form I-751) to remove the condition within ninety (90) days before the expiration of the conditional permanent resident status. Once the petition is granted, the conditional resident is accorded unconditional LPR status. Failure to timely file the petition will lead to termination of conditional LPR status and the initiation of the removal proceedings.

The requirement to remove Conditional Residence Status affects the following categories of LPRs:
a. LPR spouses whose immigrant visa petition was premised on a marriage with a U.S. citizen which occurred less than 2 years before adjusting to permanent resident in the U.S. or entering the U.S. as a permanent resident following a consular process.
b. LPR children who immigrated to the U.S. within two (2) years of their immigrant parent marriage with a U.S. citizen.

The Joint Petition Requirement - Waiver
Couples are required to file a joint petition to remove the condition. However, if the marriage has ended due to either divorce or annulment, or death of U.S. citizen spouse, or if otherwise the sponsoring spouse refuses to cooperate in completing the petition, then the conditional LPR must apply for a Waiver of the Joint Filing Requirement. The waiver is also available for those who have been battered or subjected to extreme cruelty by the U.S. citizen spouse, or can demonstrate that termination of permanent residency and deportation would result in extreme hardship.

If you have questions about documentation requirements or if you need assistance in removing the condition, please contact our office at 704-944-3239 or contact@charlottelaw.net

Charlotte Immigration Law Firm

Charlotte Immigration Attorney in NC

Conditional Permanent Resident Status - Removal Requirements