Removing Conditional Permanent Resident Status
If you obtained lawful permanent resident status through a marriage that was less than two years old, or through an immigrant investor program, your status is initially granted on a conditional basis and is typically valid for two years. To maintain your lawful permanent resident status beyond that period, you must file a petition to remove conditions during the 90-day period immediately before your conditional green card expires.
Failure to timely and properly file this petition may result in loss of status and could place you in removal (deportation) proceedings. It is important to work with an experienced immigration attorney to ensure your application is filed correctly and on time.
Removal of Conditions for Marriage-Based Residents
Individuals who obtained conditional permanent residency through marriage must file a petition to remove conditions before their status expires. You may generally qualify if:
- You are still married to the same spouse
- Your spouse has passed away, and the marriage was entered into in good faith
- The marriage ended through divorce or annulment but was entered into in good faith
- You entered the marriage in good faith but experienced abuse or extreme hardship
- You would face extreme hardship if removed from the United States
In many cases, dependent children must also be included in the filing or may need to submit separate petitions to preserve their status.
Removal of Conditions for Immigrant Investors
Individuals who obtained conditional residency through investment-based immigration programs must also file to remove conditions by demonstrating that they met the required investment and job creation or business activity requirements. Proper documentation is critical to the success of these petitions.
Missed Filing Deadlines
If you did not file your petition within the required timeframe, you may still have options; however, your status may be at risk and you could be placed in removal proceedings. It is important to seek legal guidance immediately to determine what remedies may still be available.
Contact a Utah Immigration Attorney
The removal of conditions process is time-sensitive and highly technical. Keen Law Offices, LLC assists clients in preparing and filing these petitions to help protect their lawful permanent resident status and avoid immigration consequences.
Contact Keen Law Offices, LLC at (801) 374-5336 or reach out online to discuss your options and begin preparing your case.