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

MULTI-STATE DACA LAWSUIT AGAINST TRUMP ADMINISTRATION

New York Attorney General, Eric Schneiderman, along with 15 other Attorneys General from around the country and the District of Columbia formally filed a lawsuit against the Trump Administration yesterday due to the termination of the DACA program. ...

read more

TRUMP ENDS DACA: WHAT DOES THAT MEAN?

Yesterday, the Trump administration formally announced the end to DACA (Deferred Action for Childhood Arrivals), a program that has protected from deportation an estimated 800,000 young documented immigrations brought to the United States as...

read more

PRESIDENT TRUMP CONSIDERING NEW VERSION OF THE RAISE ACT

Two Republican Senators, Tom Cotton of Arkansas and David Perdue of Georgia met with President Trump on Tuesday to discuss a revised and expanded version of their RAISE Act, which they initially presented in March.  RAISE is an acronym for Reforming...

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