Abogado de Inmigración en Maryland | Abogado de Accidente de Auto en Maryland | Abogado de Personas Heridas en Maryland |
Abogado de Defensa Criminal en Maryland | Abogado de DWI/DUI en Maryland | Abogado de Negligencia Medica

• INTRODUCCIÓN
  • Firma de Información
  • Información Fiscal
• ACCIDENTE DE AUTO
• NEGLIGENCIA MEDICA
• INMIGRACIÓN
• CASOS CRIMINALES
  • DUI / DWI
• ACCIDENTES EN EL TRABAJO
• Contáctenos

Portner & Shure

• INTRODUCCIÓN
• ACCIDENTE DE AUTO
• Accidentes de Camiones
• DAÑOS PERSONALES
• ACCIDENTES EN EL TRABAJO
• INMIGRACIÓN
• NEGLIGENCIA MEDICA
• CASOS CRIMINALES
• NUESTRAS LOCACIONES
• QUIENES SOMOS
• Testimonios

Contacte nuestra firma

Recursos en línea

• Los niños y la ciudadanía
• Residencia (tarjeta Verde) por matrimonio
• Residencia (tarjeta Verde) Condicional
• Residencia (tarjeta Verde) y Prometidos

Blogs

• Maryland Immigration Blog
• Virginia Accident Lawyer Blog
• Houston Immigration Lawyer Blog
• Houston Accident Lawyer Blog
• Abogados de Accidente de Auto en Virginia Blog
• Abogados De Accidente de Auto en Maryland Blog
• Abogados de accidente de auto en Houston blog
• Abogado de inmigracion en Virginia blog
• Abogado de inmigracion en Houston blog
• Abogado de inmigracion en Maryland blog

Links

• View Our Site In English

Green Cards through Marriage: More on Conditional Residence

by: Jonathan N. Portner
Sameer Sidh
March 11, 2009

A common area of the law which causes trouble for family-based immigrants is the status of conditional residence.  Conditional residence is designated to an intending immigrant where a green card was secured through marriage to a U.S. citizen or lawful permanent resident, and the marriage is less than two years old at the time that status is granted.  In these situations, conditional residence is granted for a period of two years.  To convert conditional residence into permanent residence, an I-751 Petition generally must be jointly filed by both spouses in the ninety (90) day period preceding expiration of conditional status.  Failure to jointly file a timely I-751 Petition often leads to the termination of legal status and exposes the immigrant to possible deportation.

A situation that often jeopardizes the legal status of a conditional resident is the failure to file the I-751 Petition in a timely manner.  It is the general practice of USCIS to send out a notice reminding conditional residents of the need to file the I-751 Petition, but failure to send out this notice will not be deemed a sufficient excuse for not filing in a timely manner.  An I-751 Petition that is not filed inside of the mandated ninety (90) day period for filing will be excused if good cause and extenuating circumstances for the late filing are shown.  What constitutes good cause and extenuating circumstances is a discretionary matter that varies from adjudicator to adjudicator.  If a conditional resident has not filed an I-751 within the proper time frame, the resident should be prepared to explain the late filing and provide tangible evidence to support the explanation for the delay.  Of course, the easiest solution to this issue is to make sure that the I-751 Petition is filed on time, as the consequence for not filing is the immediate termination of legal status. 

Another situation that affects conditional residents is when they are unable to jointly file a petition with their spouse.  Inability to file a joint petition can arise from the death of the spouse, divorce, or separation from a spouse that is unwilling to file a joint petition.  If an I-751 Petition can’t be jointly filed, the conditional resident must seek a waiver in order to gain legal permanent resident status.
In all situations where a waiver to the joint filing requirement is sought, the primary objective of the conditional resident must be to show that the underlying marriage was entered into for good faith purposes and not for the purpose of gaining immigration benefits.  Documents evincing good faith can show joint residence or joint finance, proof that children were born to the marriage if applicable, sworn affidavits from individuals who can attest to the validity of the marriage, and family photographs. 

Waiver applicants must also submit additional evidence depending on the type of waiver being sought.  Conditional residents who have experienced the death of their spouse must provide the death certificate and a sworn affidavit explaining the circumstances of death.  In cases of divorce, the divorce decree must be submitted to prove termination.  The reasons for divorce will not be examined by USCIS, but the fact that a divorce has occurred elevates the need to produce strong evidence that the marriage was in good faith when it occurred.  The most difficult situation occurs when a conditional resident has not received a final divorce decree from a spouse that is unwilling to jointly file the I-751 Petition.  The reason that this situation causes problems is that USCIS requires final termination of a marriage before it will consider granting a good faith waiver to a self-petitioner.  In this situation, the conditional resident should file in a timely manner, and request a waiver based on extreme hardship.  In support of this waiver request, the conditional resident should submit evidence of steps taken toward a divorce, like a complaint or notice of a hearing date.  If the conditional resident is fortunate, the divorce will finalize while the I-751 Petition is pending, allowing the grant of a good faith waiver as a self-petitioner.

If you are currently a conditional resident and are uncertain about what steps need to be taken in order to gain LPR status, contact an experienced immigration attorney.