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A spouse who obtains a green card on a date when the marriage was less than two years is granted conditional resident status. In this case, the spouses must file a joint petition within 90 days prior to the date the conditional resident status will expire unless the conditional resident spouse qualifies for filing a waiver petition.

A conditional resident spouse who cannot file a joint petition with the other spouse can file a waiver petition under one or more of the waiver grounds if eligible. A waiver petition can be filed before the 90 days window.

The conditional resident must prove the marriage was entered in good faith to successfully remove the conditions on the residence to obtain lawful permanent residence. In a waiver petition, if the other spouse died, the marriage is presumed to be in good faith.

If the petition is denied, the conditional resident has several options. He/she can file a new petition, a motion to reopen or reconsider, or if placed in removal proceedings, ask the immigration judge to review the petition and evidence de novo.

When USCIS denies a petition to remove conditions on residence, it revokes the conditional resident status and invariably issues a notice to appear in immigration court in a removal proceeding.

The conditional residence status will be automatically revoked if the petition to remove the conditions on a residence is not filed by the date the conditional resident status expires.

The conditional resident may file a late petition to remove the conditions on residence on a showing of “good cause.” Good cause is not defined but is determined on a case-by-case basis. USCIS’s current policy has recognized certain events as good causes, such as hospitalization, grieving for a loved one, legal or financial problems, serious family emergency, work commitment, and having a family member on active duty in the U.S. armed forces. Other circumstances could amount to good cause depending on what it is but not remembering to file on time is not good cause.

If the conditional resident is put in a removal proceeding for not filing, he/she should still file the petition late and request a continuance of the case until USCIS makes a decision on the petition.

Petitioning to remove conditions on residence should not be treated lightly as it is a very important step to obtain lawful permanent resident status.

Call 561-847-4798 to set up a consultation for us to evaluate your immigration case. Our experienced immigration attorney will examine your situation, the applicable immigration laws, how he can help you, and the likelihood of success.