Conditional Residence and Removing Condition on Residence
Immigrant visas and permanent residence granted based on marriage, including after issuance of a Fiancée Visa, often involve the foreign national immigrant being granted 2-year or conditional permanent resident status.
Permanent residence or the “Green Card” is issued either for a 10-year or a two-year period. When permanent residence is granted baaed on a marriage that is less than two years old on the date granted, USCIS issues conditional permanent resident status that is valid for only two years.
Conditional residents must petition to remove the condition on residence prior to the expiration of the 2-year conditional resident status.
Generally, the spouses must jointly petition to remove the condition on residence. There are exceptions where the foreign national spouse can petition to remove conditions on residence based on a divorce waiver or a hardship waiver based on the extreme mental or physical cruelty of the citizen spouse.
Removing the condition on residence based on a divorce waiver can be more complicated because the divorce must be final and complete in order to apply for this divorce waiver (from the joint petition requirement).
Removing the condition on residence based on a hardship waiver can be more complicated because the petition must demonstrate the physical or mental cruelty to USCIS’ satisfaction.
Gerald Goulder is an experienced North Carolina immigration lawyer helping individuals and families in North Carolina and throughout the United States and around the world with permanent residence and green card matters, including removing the conditions on residence. US immigration law is federal law. This enables Goulder Immigration Law Firm to assist individuals and companies throughout the U.S. and around the world.