Conditional Residence

Cleveland Conditional Resident Immigration Lawyer

Member of the American Immigration Lawyers Association (AILA)

  • Did you gain permanent resident status through marriage?
  • Did you receive a two-year "green card"?
  • Are you still married to your citizen spouse?
  • Have you filed your I-751 Petition to Remove Conditions?
  • Has your I-751 Petition to Remove Conditions been denied?

If so, please contact Phillip Eichorn, Co., LPA in Cleveland for a consultations. Attorney Eichorn is an experienced immigration lawyer, dedicated to serving the needs of foreign nationals and their families. With strategically placed offices in Cleveland, Columbus, Charlotte, and Raleigh/Durham, we provide effective legal services to clients in Ohio, North Carolina and nationwide.

Dedicated, Experienced, Client-Focused

Conditional resident status is given to aliens who filed for adjustment of status based on a marriage to a United States citizen. If the United States Citizenship and Immigration Services (USCIS) approves the marriage and the permanent resident status, they will issue the foreign national a two-year green card. The foreign national and his/her spouse must jointly file a Form I-751 Petition to Remove Conditions prior to the expiration of the card. Failure to file will result in termination of status and the initiation of deportation proceedings.

Jointly Filed I-751 Petition to Remove Conditions

Foreign nationals with two year green cards must jointly file Form I-751 with the required evidence in the ninety days immediately preceding the two year anniversary of the grant of permanent resident status. The filing should be signed by both the foreign national and the citizen spouse. The filing should include bona fide evidence indicating that the couple continues to be married and intend to share their life together.

Joint Filing Waivers

If the underlying marriage has been terminated prior to the two year anniversary, the foreign national must request a waiver of the joint filing requirement:

  • Good Faith Waiver: If the qualifying marriage was entered into in "good faith" by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse).
  • Battered Spouse or Child Waiver: If the qualifying marriage was entered into in "good faith" by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent.
  • Extreme Hardship Waiver: The alien would suffer extreme hardship if removed.

Termination of Conditional Resident Status

If USCIS denies the I-751 petition, the conditional resident status is terminated. USCIS usually initiates deportation proceedings. In the deportation proceedings, the foreign national has the right to have the denial reviewed by the immigration judge. The termination of conditional resident status reverts back to the day it was granted. The foreign national has the right to re-file the I-751 and assert any of the above named waivers if the marriage is terminated.

Experienced, Client-Focused - Consultations Call 866-448-2994 Today or E-mail.

Please contact Phillip Eichorn Co., LPA today. I can help ensure your rights are protected during this experience and I know how to give you the best chance to succeed when petitioning to remove conditional resident status.