Immigrants who have entered the country due to various reasons may have conditions for their residency. This may only grant them status as a residence for a limited period of time. If they wish to change this clause and get a more permanent status, they may be able to file a I-751 petition to remove these conditions. Before the conditional residence expires, the individual must file this petition. If the conditional residence expires, the individual may face removal proceedings that can deport them. The petition can be filed in 90 days or less before the conditional residence is set to expire.
When the petition is received to remove the conditions, the permanent residence of the individual can be extended in one-year increments until the request to remove the conditions of their residence is reviewed. Evidence will be required to support the petition and the conditions for which it was requested. This evidence can vary depending on the conditions that affected the limited residence. For example, applications that were based on a marriage may require evidence in the form of a marriage certificate or birth certificates of their children. It can help to establish that the marriage is legit and not one that was created under fraudulent means. If a student visa was given to someone seeking their education, they may also need to change their status once they are done receiving their education.
Why is conditional residence granted?
Conditional residence has allowed the individual to enter and live in the country based on a specific reason. They may have entered the country due to a spouse who is an American citizen. They may have sought an education or acquired employment that gave them access to reside in the country. There can be many different cases. However, all these situations grant conditional residence since they are in the country for a specific reason. With a conditional residence, it may put restrictions on their residence. When the time for their conditional residence has expired, individuals can face the possibility of removal from the United States. This can be a scary situation. They may even face a three to 10-year bar once they are deported. This may keep them from entering the country for years. To avoid these situations, individuals should make sure they are aware of the date of their expired conditional residence. Timing is important for these cases. It is important to not be late with filing petitions as it may affect your overall well-being.
The Law Office of Neal Richardson Datta has over 25 years of experience guiding clients through a variety of immigration legal matters, some of which include deportation defense, petitions, and waivers. If you require the services of an experienced immigration attorney with the skill to effectively represent you, contact our firm today to schedule a consultation.