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ENEWS MAILING LIST |
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DISCLAIMER |
This information provided is not intended to replace the advice
of an attorney but is merely provided as a public service. Each
immigration case is different. For more information, consult with
Thomas Esparza, Jr., Board Certified Specialist
in Immigration and Nationality Law with more than 29 years of experience.
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> Information on Families
Since November, l986, permanent residence status obtained by an
alien spouse, son or daughter, on the basis of a marriage entered
into less that 24 months earlier has been granted conditionally.
This change in the law was made to prevent marriage fraud in order
to obtain the "green card." For many couples, the removal
of the "condition" of residence is routine because they
are still together. They simply file the petition to the Regional
Processing Facility.
However, the Attorney General is authorized to terminate the conditional
residence status of any alien, within the two-year period, if he/she
determines that:
* The qualifying marriage was entered into solely for the purpose
of procuring the alien's entry as an immigrant; or
* The qualifying marriage has been annulled or terminated, other
than through the death of a spouse; or
* A fee or other consideration was given for the filing of the petition
other than an attorney's fee for the assistance in preparing it.
There is a specific time frame for filing the petition to remove
conditions. The petition must be filed within 90 days prior to the
end of the 24-month period of conditional residence. The alien and
spouse (if not deceased) jointly submit to the Attorney General
a petition on form I-751, which requests removal of conditions to
that of permanent residence status.
Failure to file the petition or to appear upon request (without
good cause) may result in the termination of the permanent residence
status as of the date of the second anniversary of the alien's lawful
admission for permanent residence. Late filing of the petition will
be accepted only if the alien establishes good cause and extenuating
circumstances for the delinquency. The foreign national must also
apply for a waiver for failing to file on time.
A waiver of the joint filing requirement may be approved if:
* The citizen spouse is unwilling to sign the joint petition.
* There is evidence of battering or cruelty.
* The alien spouse would experience severe hardship upon return
to his/her home country.
Obtaining a waiver of the joint filing is difficult but not impossible
if the parties entered into the marriage in good faith.
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