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Removal of Conditions for Permanent Residence based on Marriage

Permanent resident status is conditional if it is based on a marriage that was less than 2 years old on the day the applicant was given permanent resident status. The applicant is given conditional resident status on the day he/she is lawfully admitted to the U.S. on an immigrant visa or adjustment of status to permanent residence.

To remove the "conditions" the applicant must prove that the reasons for marriage were not to evade the immigration laws of the U.S.

Generally, the applicant may apply for the removal of conditions if still married and living with the UI.S. citizen spouse, or if divorced, and can prove that the marriage was entered into in good faith but ended in divorce or annulment, or are a widow or widower who entered the marriage in good faith, or who entered the marriage in good faith but either the applicant or child of the applicant was battered or subjected to extreme hardship by the U.S. citizen or permanent resident spouse

The applicant, if still married and living with the U.S. citizen spouse, must apply for the removal of conditions during the 90 day period before the second anniversary of conditional Statius. If no longer married or have been battered or subjected to extreme hardship the applicant can file for removal of conditions at any time.

If the applicant's child received conditional status within 90- days of the principal applicant, the child may be included in the principal's application. Otherwise, the child must file separately.

J. Bruce Weinman, Esq.

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