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How to Remove Conditions on Permanent Residence (Marriage)

How to Remove Conditions on Permanent Residence Based on Marriage - Carlos Gamino

By Carlos Gamino

For many people, the U.S. immigration process is incredibly complicated and tough to navigate. Working with a Milwaukee immigration lawyer can help you sort out the process – your attorney can file the appropriate paperwork, answer your questions, and help you through each step.

If you want to remove conditions on your permanent residency based on your marriage, you may find it helpful to talk to an attorney about the requirements. Here’s what you need to know.

How to Remove Conditions on Permanent Residence Based on Your Marriage

The U.S. government puts conditions on permanent residency that’s based on marriage because the government wants to ensure you didn’t get married simply to get around the law. However, you can remove those conditions by filing the appropriate paperwork with the government – as long as you meet these conditions:

  • You are still married to the same person (a U.S. citizen or permanent resident) after two years.
  • You are a child and cannot be included on your parents’ application.
  • You are a widow or widower who entered into your marriage in good faith (not with the intent of defrauding the government).
  • You entered into the marriage in good faith, but you got divorced or your marriage was annulled.
  • You entered into the marriage in good faith, but your spouse was abusive or subjected you or your child to extreme hardship.

In cases where you are still married, you and your spouse have to apply together to remove your conditions. However, if you’re not married, you can ask the U.S. government to waive the joint filing requirement – but you have to prove that removal from the U.S. would cause you extreme hardship. That can be difficult, and many people in situations like those choose to enlist the help of an immigration attorney.

Do You Need to Talk to a Lawyer About Removing the Conditions on Your Permanent Residency Based on Marriage?

If you need help removing the conditions on your permanent residency, you may benefit from working with a Milwaukee immigration attorney. Call us right now at 414-383-6700 to schedule a consultation with a caring, compassionate and knowledgeable attorney – we can answer your questions and help you through the process.

Carlos Gamino

By |2021-07-17T14:11:26-05:00November 27th, 2019|Immigration Law|Comments Off on How to Remove Conditions on Permanent Residence (Marriage)

What is Conditional Permanent Residence?

What is Conditional Permanent Residence - Carlos Gamino

By Carlos Gamino

If you’re considering immigrating to the U.S., you’ve probably heard the term conditional permanent residence – but what does it mean, and does it even apply to you? If you’re not sure, you may want to talk to a Milwaukee immigration lawyer who can answer all your questions and give you case-specific legal advice.

What is Conditional Permanent Residence?

The term conditional permanent residence means permanent residence that could be taken away if something specific doesn’t happen. If you have been granted conditional permanent residence, you must file a petition to remove the condition at least 90 days before the card expires (conditional permanent residents receive a green card that’s valid for two years).

You can’t renew a conditional permanent residence card; the only way to keep permanent residency is to remove the conditions. If you don’t remove the conditions, you’ll lose your permanent resident status.

The most common conditional permanent residence cards are issued to people who marry a U.S. citizen or become business owners.

Removing Conditions on Permanent Residence Based on Marriage

In order to remove conditions on permanent residence based on marriage, you must meet one of these eligibility requirements:

  • You must still be married to the same person after two years
  • You are a widow or widower who got married in good faith
  • You are divorced but you got married in good faith
  • You entered the marriage in good faith but you or your child was battered or subjected to extreme hardship by your spouse

Removing Conditions on Permanent Residence for Entrepreneurs or Investors

In order to remove the conditions on permanent residence for entrepreneurs or investors, you must file to remove the conditions at least 90 days before your two-year card expires.

Do You Need to Talk to an Immigration Lawyer?

If you’re considering immigrating to the U.S., we may be able to help you. Call us at 414-383-6700 to schedule an appointment with a Milwaukee immigration attorney. You can also contact us online if it’s easier.

Carlos Gamino

By |2021-07-23T18:41:40-05:00November 24th, 2019|Immigration Law|Comments Off on What is Conditional Permanent Residence?

What if Your Spouse Dies and You’re Not a Citizen

What if Your Spouse Dies and You're Not a Citizen - Milwaukee Immigration Lawyer

Immigration: there’s no one-size-fits-all solution. Because there are so many variables that affect whether you’ll be allowed to legally immigrate to the U.S., it can seem like it’s a hit or miss situation. Many people choose to work with a Milwaukee immigration lawyer who can walk them through the entire process, which is usually very helpful when it comes to filling out and submitting the mandatory paperwork (one misstep and you could be sent back to the beginning of the process).

But what happens if you’re married to a U.S. citizen and you haven’t yet qualified for permanent residency?

The Immigration and Nationality Act

Before 2009, a non-citizen had to be married to a U.S. citizen for two full years before he or she could qualify for permanent resident status. However, the president signed the FY2010 DHS Appropriations Act into law in 2009, which amended the Immigration and Nationality Act and got rid of the two-year requirement. That means if your U.S. citizen spouse passed away before you were married for two years, you can still qualify for permanent residency.

If you qualify, your unmarried minor children also qualify. It doesn’t matter whether you’re living here, in the U.S., or if you’re living abroad – the law applies to you because you were married to a U.S. citizen.

What You Still Need to Do

Even if you qualify as an immediate family member as a widow or widower, you’ll still need to prove that: you

Your immigration attorney will walk you through the entire process, ensuring that you’re taking the right steps and that all of your paperwork is filed with the appropriate authorities.

By |2021-08-01T11:18:45-05:00November 19th, 2019|Immigration Law|Comments Off on What if Your Spouse Dies and You’re Not a Citizen

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