What is a conditional resident?
A conditional resident, in the context of U.S. immigration, refers to an individual who has been granted lawful permanent residency (a green card) based on marriage to a U.S. citizen or permanent resident, but their initial green card is subject to certain conditions. This type of residency is often referred to as “conditional permanent residency.”
Conditional permanent residency is designed to prevent marriage fraud and ensure that individuals are not using fraudulent marriages solely for the purpose of obtaining immigration benefits. It applies specifically to individuals who have been married for less than two years at the time they are granted permanent residency.
Here are some key points about conditional residency:
- Duration of Status: Conditional residency is typically granted for a two-year period. During this time, the individual enjoys most of the same rights and privileges as a regular permanent resident.
- Removal of Conditions: To remove the conditions on their residency and obtain a regular (unconditional) green card, the individual must jointly file Form I-751, “Petition to Remove Conditions on Residence,” with their spouse during the 90-day window before the expiration of their conditional green card. If the marriage has ended due to divorce or death of the spouse, the individual can file the petition on their own and provide evidence of the bona fide nature of the marriage.
- Evidence of Bona Fide Marriage: When filing Form I-751, the individual must provide evidence that the marriage was entered into in good faith and not for the purpose of evading immigration laws. This can include documents demonstrating shared financial responsibilities, joint assets, cohabitation, and joint activities.
- Interview: USCIS may request an interview with the individual and their spouse to further assess the authenticity of the marriage.
- Unconditional Green Card: If the petition to remove conditions is approved, the individual will receive a regular, unconditional green card valid for 10 years.
- Denial and Removal: If the individual fails to file the petition to remove conditions or if USCIS determines that the marriage was not genuine, their conditional residency may be terminated, and they could be placed in removal (deportation) proceedings.
It’s important to note that immigration laws and procedures can change over time, so individuals should always refer to the latest information on the official USCIS website or consult with legal professionals to ensure they understand the requirements and processes related to conditional residency and the removal of conditions.
How to remove conditions on residence?
To remove the conditions on your residence and obtain a regular, unconditional green card, you will need to file Form I-751, “Petition to Remove Conditions on Residence.” This form is used by conditional residents who obtained their green card through marriage to a U.S. citizen or permanent resident. Here’s a step-by-step guide on how to remove conditions on your residence:
- Timing: You should file Form I-751 within the 90-day period immediately before the expiration of your conditional green card. Filing too early or too late can have consequences, so make sure to meet this timing requirement.
- Gather Evidence: Collect evidence that demonstrates the bona fide nature of your marriage. This evidence should show that you entered the marriage in good faith and not solely for immigration benefits. Examples of evidence include joint bank account statements, lease or mortgage documents, shared bills, photographs, travel records, and affidavits from friends and family who can attest to the authenticity of your marriage.
- Complete Form I-751: Fill out Form I-751 accurately and completely. Include information about you, your spouse, and any children who were granted conditional residency at the same time.
- Include Evidence: Attach the evidence you’ve gathered to support the authenticity of your marriage and the continuation of your relationship.
- Filing Fee: Pay the appropriate filing fee as specified in the instructions for Form I-751. The fee amount can change, so make sure to check the USCIS website for the most current fee.
- Mail the Petition: Mail the completed Form I-751, along with all the required documentation and the filing fee, to the address provided in the form’s instructions.
- Receive Receipt Notice: After USCIS receives your petition, you will receive a receipt notice confirming that they have received your application. This notice extends your conditional residency for up to 18 months while USCIS processes your petition.
- Biometrics Appointment: USCIS may schedule you for a biometrics appointment, where they will take your fingerprints and photograph.
- Possible Interview: USCIS may schedule an interview to further assess the authenticity of your marriage and your eligibility for the removal of conditions. Make sure to attend the interview and bring any requested documents.
- Receive Decision: After USCIS reviews your petition and supporting evidence, they will issue a decision. If your petition is approved, you will receive a regular, unconditional green card.
- Denied Petition: If your petition is denied, you will receive a notice explaining the reasons for the denial. You may be given an opportunity to appeal the decision or, if you’re no longer eligible for conditional residency, you could be placed in removal proceedings.
It’s important to note that the process and requirements for removing conditions on residence can change, so it’s recommended to refer to the official USCIS website for the most up-to-date information and instructions. Additionally, consider consulting with an immigration attorney to ensure you’re properly prepared and have all the necessary documentation for a successful petition.
What documents are required to remove conditions on residence?
When applying to remove the conditions on your residence by filing Form I-751, “Petition to Remove Conditions on Residence,” you will need to submit a variety of documents to demonstrate the authenticity of your marriage and the continuation of your bona fide relationship: https://bwea.com/conditional-resident/
Here is a list of documents you should consider including with your petition:
- Form I-751:
- Make sure the form is properly completed, signed, and dated.
- Evidence of Bona Fide Marriage:
- Documents showing joint ownership of assets, such as property, bank accounts, or vehicles.
- Joint lease or mortgage documents.
- Joint utility bills (electricity, water, gas, etc.) that show both spouses’ names at the same address.
- Joint credit card statements and other joint financial accounts.
- Joint insurance policies (health, auto, life, etc.).
- Joint tax returns, if applicable.
- Communication Records:
- Copies of emails, text messages, or letters exchanged between you and your spouse.
- Phone call records, if available.
- Photographs:
- Photographs of you and your spouse together at different times throughout your relationship. Include captions that indicate the date and location of the photos.
- Affidavits:
- Sworn affidavits from friends, family members, or colleagues who can attest to the authenticity of your marriage and the continuation of your relationship. Affidavits should include details about how the affiant knows you as a couple and why they believe your marriage is genuine.
- Birth Certificates:
- Birth certificates of any children born to the marriage during the conditional residency period.
- Legal Documents:
- Divorce decrees or death certificates, if either spouse was previously married.
- Travel and Joint Activities:
- Copies of travel itineraries, tickets, or other documentation showing trips taken together as a couple.
- Documentation of joint activities, such as invitations to family gatherings, weddings, or other social events where both spouses participated.
- Changes in Name or Address:
- If either spouse changed their name or address during the conditional residency period, provide documentation to explain the change.
- Additional Documentation:
- Any other documents that can help establish the legitimacy of your marriage and the ongoing relationship.
It’s essential to provide a diverse range of evidence to demonstrate the authenticity of your marriage and relationship. Be sure to organize the documents in a clear and logical manner and make copies of everything you submit for your records. As immigration policies and requirements can change, it’s recommended to refer to the latest USCIS guidelines and instructions or consult with an immigration attorney for the most up-to-date and tailored guidance for your situation.
