Law Offices of Jan Joseph Bejar A P.L.C.
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Removal of conditional residence status based on marriage

When granted residency status in the United States, one's status may be considered permanent or conditional. One's initial residency is generally considered conditional until all requirements for permanent residency have been met. It is possible, though, for immigrants in California and elsewhere to get a removal of conditional residence status. One way to do this is through marriage.

To remove conditions on residency status one must meet certain eligibility requirements. For those wanting to remove these conditions based on marriage, the most important requirement is the ability to prove that the marriage was not entered into simply to work around the immigrantion system. In order to do this, one must be married to the same U.S. Citizen or permanent resident for a minimum of two years. However, if one's spouse passes away or the marriage ends in divorce, it may still be possible to apply to have conditions removed.

In order to apply for a removal of conditions, spouses must generally file the appropriate petition together. This can be done within 90 days of their two-year anniversary -- as conditional residency expires two years from the date it is granted. Those who fail to apply on time may have their conditional residency revoked, and they may face deportation.

Achieving a removal of conditional residence status may seem as simple as filling out a form and sending it in for review. Unfortunately, it really can be more complicated than that, as immigrantion authorities are likely to look for any problems with the application that could allow them to deny the request. Immigrants in California who would like to achieve permanent residency status based on marriage can seek assistance from experienced immigrantion attorneys. By doing so, one can be sure he or she has met the necessary eligibility requirements, as well as be certain the appropriate petition has been completed and is free from errors.

Source:, "Remove Conditions on Permanent Residence Based on Marriage", Accessed on July 30, 2016

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