Conditional Permanent Residents in Fairfax

A conditional permanent resident is someone who has been granted lawful permanent resident status for two years instead of the usual 10-year period for a Green Card. Immediate relatives are sometimes issued permanent residency. The immediate relative might be issued a Conditional Permanent Resident Card because the immediate relative is an immigrant spouse who has been married to the U.S. citizen Petitioner for less than two years. Because of that, the immigrant spouse is issued a 2-year Green Card instead of the 10-year Green Card and, 90 days before the expiration of the two years, the immediate relative who was issued a Conditional Permanent Resident Card has to remove the conditions by filing Form I-751. If an individual wants to know more about conditional permanent residents in Fairfax and permanent residency for family members, they should speak with a capable family immigration attorney that could answer their questions.

Removing Conditional Aspects of Residency

In order to have the conditional aspect of the visa removed, Form I-751 is filed jointly by the petitioning spouse and the conditional resident to remove the conditions. They will also have to provide evidence that the petitioning spouse and the conditional resident are still married and that:

  • They continue to be in a bona fide marriage and are able to submit evidence of the bona fide marriage
  • Submit birth certificates of children born to that marriage
  • Provide leases, joint bank accounts, or other evidence that show that the petitioning spouse and the conditional resident continued to be in an ongoing valid marriage

What Happens When the Conditional Resident is no Longer Married to the Petitioning Spouse

With the ups and downs of marriage, it is possible that the conditional resident and the petitioning spouse are no longer married. If the conditional resident is no longer married to the petitioning spouse or cannot file jointly with the petitioning spouse, the conditional resident is able to file the Form I-751 with a waiver of the joint filing requirement, by showing that they did enter the marriage in good faith but:

  • That the marriage ended in divorce;
  • That the marriage ended due to the death of the conditional resident petitioning spouse;
  • That the termination of the marriage was due to the conditional resident being subject to abuse; or
  • That the removal from the United States will result in extreme hardship to the conditional resident.

Reasons Someone Might Not be Issued an Immediate Relative Visa

Probably the most common reason for not being issued an immediate relative visa is the failure to provide evidence of a relationship between the Petitioner and the Beneficiary. For example, if two people are married but they are not able to provide enough evidence to show that it is a bona fide marriage, then a visa will not be granted. Another example would be if the Petitioner or Beneficiary claims that a parent-child relationship exists, but they fail to provide a birth certificate or other documentation or evidence to show that a parent-child relationship exists. Another common reason is that, in addition to their application, the Beneficiary was supposed to file a waiver of inadmissibility if there was an inadmissibility bar, but they failed to do so. If an individual wants to know more about conditional permanent residents in Fairfax, they should consult a knowledgeable lawyer.

Common Mistakes When Trying to Complete the Immediate Relative Visa on Their Own

One of the most common mistakes a person makes when trying to complete the process themselves is that they file for adjustment of status and the Petitioner and the Beneficiary do not understand that the intending immigrant Beneficiary must have entered the U.S. lawfully. There are those who apply for adjustment of status but have entered without inspection. Those who applied for adjustment of status who entered without inspection are not able to adjust in the U.S. (unless eligible for a benefit under INA 245(i)) and have to go through consular processing. Those relatives that are required to do consular processing, because of the manner in which they entered the U.S., will require a waiver of their unlawful presence. At that point, the Petitioner or the Beneficiary should consult an attorney before proceeding with a consular interview.

Another common mistake is not understanding the difference between an immediate family relative and other family members that fall into the family preference categories. There are family relationships that do not qualify as immediate relatives, and there are categories where relatives age out and are no longer immediate relatives. Other mistakes also include not filing a waiver for grounds of inadmissibility with the adjustment application or not sending all the evidence requested by USCIS (United States Citizen and Immigration Service) or not properly sending the evidence requested by USCIS. If an individual wants to know more about conditional permanent residents in Fairfax and how to accurately and effectively apply for permanent residency, they should consult a knowledgeable immigration attorney today.