Conditional Resident to Permanent Resident

Spouses of U.S. citizens who have been married for less than two years at the time their permanent residence application is approved are granted Conditional Residence. If you are a conditional resident, you must file an application to remove the conditions during the 90 days before the second anniversary of the date you obtained conditional resident status. In most cases, you and your spouse (if still married) must file the application together. Failure to file will result in loss of your resident status.

• Overview
• Do I need to be physically present in the US when I file?
• Is a personal interview of the joint petitioners required?
• How do I get a waiver of the requirement to file a joint petition?
• How do I file?
• What happens after I file?
• How long will it take USCIS to process my petition?
• Help with Removing Conditions

Do I need to be in the US at the time of filing?

The Form I-751 (Petition to Remove the Conditions on Residence) can be filed regardless of whether you are physically present in the United States at the time that you file. However you must return to the United States with your spouse and your children in order to comply with the interview requirement.

Interviews

You and your spouse must appear for a personal interview at the district office that serves that area where you live. However, the director of the regional service center where you file your petition has the discretion to waive the interview requirement. The director will review the petition to determine whether an interview is required. If the director is satisfied based on the written petition that your marriage was not entered into in order to obtain immigration benefits, he or she may waive the interview requirement and approve the petition. If the director is not satisfied of the validity of your marriage based on the petition, he or she will forward the petition to the district office to conduct an interview.

Joint Filing Waiver

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement by filing a Form I-751 (Petition to Remove the Conditions on Residence). You may request that the Service consider more than one basis for a waiver at the same time. If the waiver is approved the conditions on your conditional residence will be removed. You may request a waiver of the joint petitioning requirements if:

• Your deportation or removal would result in extreme hardship.
• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of lawful permanent resident spouse, and you were not at fault in failing to file a joint petition.

Filing

General instructions are included with the I-751 petition, and USCIS posts updates and fees on its web site. The I-751 petition is a legal case and mistakes or misrepresentations can jeopardize your chances of maintaining permanent residence status. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the application is complete and includes all of the necessary evidence to support your eligibility.

Processing

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case and will instruct you to appear at an Application Support Center to have your fingerprints and photo taken. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays. In most cases, you will also be scheduled to appear for an interview at the local USCIS district office before your petition is approved.

Processing Times

Processing time depends on a number of factors. You can check USCIS current processing times on our web site.

Help with Removal of Conditions

D.Ray Mantle assists families in obtaining positive immigration results in a timely, personal and professional manner. With the Law Office of D.Ray Mantle, your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements. Learn how an experienced immigration attorney can help you reach your immigration goals: Why MantleWorks.

If you would like to understand more about the application process and to find out if you need to apply to remove conditions, please contact D.Ray Mantle for a consultation.