Marriage results in conditional residence status unless it is more than two years old at the time of granting the legal permanent resident status. Because this two year period is measured from the time the residency is granted, if a person obtains an immigrant visa abroad but enters the United States after the marriage is over two years old, she enters as a Legal Permanent Resident, not a Conditional Resident. This is important because foreign nationals must apply to remove the Conditions on their residency ninety (90) days before the two-year anniversary that their residency was granted. If not, their residence is terminated if Immigration determines either that the marriage terminated (including annulled or divorced), was entered into based on fraud, or if the foreign national fails to file the Petition to Remove Conditions on residency.

The application for Removal of Conditions is deceivingly simple. However, the speed with which Immigration decides these cases depends on the strength of the evidence presented with the application. Blandon Law has had Removal of Conditions approved in less than three months. The average processing time can be over one year.

Even if a foreign national is in Removal Proceedings, she can still file for Removal of Conditions. In that case, the attorney would represent the foreign national at Immigration Court, present the necessary legal argument and file the application and evidence, which will allow the foreign national to remain in the United States as a Legal Permanent Resident.

Fortunately, the filing of a petition automatically extends the foreigner’s status until the case is adjudicated. Therefore, the foreigner is entitled to receive proof of residency, through a stamp in her passport or if there is no passport on an I-94, while awaiting a decision from Immigration.

The child who receives his or her conditional residence on the same date or within ninety days of his or her parent does not need to file a separate petition to remove the conditions. However, if the child receives her conditional residence more than ninety (90) days after her parents, each child must file a separate petition and that case must be approved separately.