After having traveled to the U.S. and obtained your visa through marriage, you are required to remove the conditions on your residency to avoid any issue or having it become invalid. The last thing anyone wants, or needs is to be walking around without valid documentation that permits them to live and/or work in the U.S. Now before you attempt to remove the conditions, there are a few important things we’d like to make you aware of.
In order to remove the conditions on your residency, you are required to file Form I-751 with USCIS. Now, you may qualify to file this form on your own but only when certain criteria are met. For instance, U.S. Citizenship and Immigration Services (USCIS) says you can file Form I-751 without your spouse if one of the following circumstances applies to your current situation:
- You entered into your marriage in good faith, but your spouse passed away.
- While you entered into your marriage in good faith, it was later ended due to a divorce or annulment.
- You entered into your marriage in good faith but have become the subject of extreme cruelty or have been battered by your petitioning spouse.
- The termination of your status and removal from the U.S. would result in extreme hardship.
What is the timeline I must follow when applying to remove the conditions on my residency?
After determining whether you qualify to file Form I-751 independently or with your spouse, you need to remain cognizant of the timeline you must follow to get these conditions removed. For example, if you choose to file jointly with your spouse, you are required to “file it during the 90-day period immediately before your conditional residence expires.” In the event you will be filing separately as you meet one of the following criteria stipulated above, then USCIS permits you to “file [the] petition any time after you are granted conditional resident status and before you are removed from the United States.”
What should I do if I have dependent children living in the U.S. as a conditional resident?
Before you apply to have the conditions removed on your child’s residency, you must take into account the following:
- If your child acquired conditional resident status on the same day as you or within 90 days thereafter, they can be included on Form I-751 with you. You will want to write their name(s) and Alien Registration Number(s) in Part 5 of the form.
- If your dependent child(ren) did not acquire conditional resident status on the same day as you or within 90 days thereafter, then they are required to file Form I-751 separately in order to have the conditions on their status removed.
What if I fail to get the conditions removed off of my residency?
Failure to remove the conditions off your residency can lead to issues developing with U.S. Immigration and Customs Enforcement (ICE) as well as have a serious effect on your ability to remain in the U.S. USCIS states that anyone who does not file Form I-751 within the 90-day timeframe if you are filing jointly or after being granted conditional resident status if you are filing alone will result in you losing your permanent resident status two years from the date on which you were granted conditional status.
Should I hire an immigration lawyer if I need to get the conditions removed off my residency?
If you are currently living in Atlanta, GA as a conditional resident and need to remove the conditions off of your visa, you are going to want to have an experienced GA immigration attorney helping you navigate the complex process USCIS requires you to follow. Failure to fill out the forms correctly can result in your application being denied which only results in more pressure being placed on you. to avoid making any mistakes, we encourage you to have one of our skilled lawyers assist with this.
In the event you failed to file Form I-751 in time to get the conditions removed from your residency, we highly recommend you contact Kuck | Baxter Immigration Partners LLC immediately so that we can take the necessary steps to avoid you facing any trouble with immigration officials. If you are ready to speak with an immigration and visa attorney now in the Atlanta, GA area, contact our office at 404-816-8611.
Kuck | Baxter Immigration Partners LLC can be reached at:
365 Northridge Road, Suite 300
Atlanta, GA 30350