Austin attorney residence based marriage. An individual’s permanent residence condition is considered to be conditional if it’s based on a marriage less than two years old on the day in which they were granted permanent residence. The conditional classification is due to an individual needing to prove that the marriage wasn’t conducted in order to circumvent immigration laws.
In order to be eligible to remove permanent resident conditions based on marriage, the following criteria must be met:
*The individual must be married to the same U.S. citizen or permanent resident for a total of two years or more.
*The individual is a child who cannot be included on their parents’ application.
*They are a widow who entered a marriage in good faith.
*A marriage was entered into in good faith; however, the individual or a child were either battered or subjected to a hardship by their U.S.-citizen spouse.
In order to remove these conditions, both spouses must fill out Form I-751 together, and this should be done during the 90-day period before the person’s second anniversary as a conditional resident. Failure to apply to remove these conditions in time will result in loss of conditional resident status and deportation.
The filing requirement can also be waived if both spouses are no longer married to one another or if abuse has taken place. The requirement can also be waived per the following criteria:
*Removal or deportation from the country would result in an extreme hardship.
*The marriage ended by either divorce or annulment and the spouse was not at fault for failing to file a petition in a timely fashion.
*The marriage was entered into in good faith, but abuse has taken place.