Conditional Residents Can Have Their Status Changed in the Following Ways
An immigrant who receives a green card with an expiration of two years is considered a conditional resident. Conditional residents are provided a green card that is only valid for a maximum period of two years. Conditional green card holders who wish to remain in the United States must file petitions to remove the conditions before their card expires.
Those who wish to remain in the United States must remove the conditions prior to the expiration of their visa. You must file a petition within the final 90 days before your visa expires. You may be able to remove the conditions based on marriage or investment. A specific form must be filed in order to apply for condition removal. The forms are available through the USCIS, United States Citizenship and Immigration Services.
If a conditional resident has now married a legal resident or U.S. citizen the visa holder may be eligible for permanent legal residency. The applicant must meet the criteria and must file Form I-751, Petition to Remove the Conditions of Residence, along with the application fee. Once the application is received by the USCIS you will be notified of a date to report for an interview. The interview process requires both you and your spouse attend. You will need to provide documentation to prove legal marriage.
An applicant who meets the requirements may be able to remove conditions based on entrepreneurship. The applicant and in some cases his immediate family, may be eligible to remove the conditions of residence and extend the green card for a period of one year. Condition removal is done by filing Form I-829. The form must be submitted within the 90 days prior to the second anniversary of achieving conditional permanent residency. The failure to submit the form in time means that your conditional green card will expire.
Failure to Remove Conditions
If your conditional visa expires and you have not filed to remove the conditions, you no longer have legal status to be in the United States. You may be eligible for deportation. Further, if you remain in the United States illegally, you may lose the ability to apply for another visa at a later date. Do not allow your conditional visa to expire. Be sure to file to remove the conditions in plenty of time. Keep in mind that the processing of your application could take some time. Once you file to remove the conditions you will receive a notice of receipt and then a determination.
Immigration issues can be complicated. This is especially true in situations such as conditional residency and the removal of conditions. You probably have questions concerning the rules that apply to you and your family. Contact the experienced attorneys at Udall Shumway PLC to schedule a consultation.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Conditional Residents, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.