Making Permanent Residency Actually Permanent For Family Members

Making Permanent Residency Actually Permanent For Family Members

By Edward Shulman (426 words)
Posted in Immigration Law on February 23, 2015

There are (0) comments.

While many immigrants come to the United States to marry their American husband or wife, those spouses who have been married for less than two years at the time immigration authorities officially bestow legal status, may merely obtain conditional permanent residency. Federal immigration law sets this initial durational limit on the practice of gaining permanent residency through marriage as a means to deter people from using the institution of matrimony strictly as a pretext to become permanent residents. But if the necessary procedural hurdles are met, the residency status can be converted to actual permanent residency.

For spouses who remain married for more than two years, the spouse can apply to remove the conditions on their status. What is required is that both spouses jointly file Form I-751 during the ninety (90) days before the second anniversary of achieving conditional status. As their original green card shows an expiration date reflecting that second anniversary, the card itself can serve as a reminder of the need to proceed with getting this form filed with the United States Citizenship and Immigration Services (USCIS).  It should be noted the children of the conditional permanent resident spouse can also have their status changed by filing this Form I-751 for each of them.

If the marriage is finished or in trouble at the end of this two-year period, the process for removing the conditional status may entail more than getting the proper paperwork filed on time. For spouses who (1) entered into the marriage in good faith, but the marriage ended through divorce or annulment; or (2) entered into the marriage in good faith, but either the spouse or the spouse’s child(ren) were battered or subjected to extreme hardship by the U.S.-citizen or permanent-resident spouse, such spouses can also achieve actual permanent status. But it needs to be noted that, in such instances, the USCIS will require this showing that the marriage was genuine; i.e., not a sham. In these situations, as in the situation of widows who wish to have their residency made permanent, it will be necessary to demonstrate the “good faith” element of the relationship. It is advisable that individuals facing these predicaments retain an immigration attorney experienced in securing permanent residency for his or her clients. Legal counsel should also be consulted to ensure all procedural requirements are duly met as this article is not intended as an exhaustive list of all such requirements.

The Shulman Law Group, LLC has successfully prepared and filed many petitions on behalf of its clients who wish to live in the United States.  

Comments (0)

no comments posted

Leave a comment

* denotes required field
* Email will not be published
* Used to help prevent spam

Text only, html will be removed from comment

To make the long story short - I wouldn't be here now writing this review if it wasn't for him. He fought with me and for me as if he was defending himself and not some stranger from a foreign country. I will highly recommend him - if your case has any chance at all he is the one you need.

-Immigration Client

Breaking News

FEDERAL COURT ORDERS DHS TO MAINTAIN DACA PROGRAM

Following the Trump Administration's announcement that they would terminate the Deferred Action for Childhood Arrivals (DACA) program set forth by President Obama via Executive Order, the University of California filed a formal legal complaint...

read more

TRUMP TERMINATES TPS FOR 200,000 EL SALVADORANS

A profound sense of demoralization and dread has gripped El Salvadorans, their families, their employers, and their communities across the United States today.  In President Trump's latest reversal of immigration policies that seek to terminate...

read more

GOVERNOR-ELECT PHIL MURPHY'S VISION FOR 2018 IMMIGRATION IN NEW JERSEY

The political landscape for immigrants in 2017 under Trump was bleak, with widespread anticipatory anxiety regarding the fate of DREAMers, TPS recipients, individuals from Muslim backgrounds, beneficiaries of chain migration, and the undocumented...

read more
© 2015 The Shulman Law Group, LLC. All Rights Reserved. Website Design by Hudson