Conditional Status, also known as Conditional Residency, is imposed on certain aliens who are marriage-based visa holders. Due to the conditions, THE individual is not immediately granted permanent residence even if they qualify. The removal of conditional residence status can be a complicated and drawn out process, so it’s best to hire immigration services in Chula Vista to facilitate the process.
What is Conditional Status?
Conditional status is given to individuals who enter the US through marriage to a US citizen. It’s designed to prevent immigration marriage fraud, which generally involves people who enter into a fake marriage so that the alien can achieve US citizenship or entry. Conditional status is typically imposed on holders who have been married for less than two years.
Removal of Conditions
Removal of conditions refers to the process of granting the non-citizen spouse with permanent residency status. In order for the conditional status to be removed, individuals are required to prove that their marriage is not fraudulent and lacks the intention to invade US immigration agents and laws.
To be eligible for the removal of conditional status, it should be proven that:
- The non-resident is still married to the same US citizen more than two years after they received their conditional status.
- The marriage, although entered in good faith, later led to annulment or divorce.
- The marriage, although entered in good faith, later led to the non-citizen spouse or individual being suggested to spousal or domestic abuse by the US resident partner.
- Termination of the non-citizen spouse’s residency will lead to extreme hardship for the individual.
Immigration authorities may require different types of proof depending on the category the applicant falls under. Since US immigration laws are very strict and complex, it’s best to start the process with the help of experts on immigration and insurance in Chula Vista, CA. They’ll be able to help you avoid common mistakes that can fail your application and get your residency status revoked.
Process Timeline of Removal of Conditional Status
The guidance of immigration specialists during the application becomes more crucial due to the time constraints of the process. Filing the USCIS Form I-751, also known as “Petition to Remove the Conditions of Residence” must be done within the 90-day window before the conditional green card expiration date.
The whole process can take up to several months, but it still depends on the background and unique situation of the application. One may be required to attend interviews and hearings before an immigration judge.
What Happens If Your Petition Gets Denied
In the event that your petition gets denied, you still have a chance to appeal the decision. With the help of immigration and tax services in Chula Vista, you can request an appeal within 30 days after the denial. However, you have to undertake this process promptly since failing to do so can result in deportation.
To begin the process on turning your conditional status to permanent residence status, contact your local immigration services in Chula Vista to discuss your case.