We process Applications for Adjustment of Status.

The Status Same as a regular permanent resident except for the requirement of filing to remove the condition.

Petition to Remove the Condition

Joint Petition

Time to File The time for filing a joint Petition to Remove the Condition is during the 90 days before the second anniversary of the grant of conditional permanent residence; no sooner than 90 days before and no later than the second anniversary. The anniversary is of the adjustment of status, not the wedding.

What to File The filing includes Form I-751, copies of documents supporting the bona fides of the marriage, and a filing fee.

Effect of Filing The conditional status is automatically extended. 8 CFR § 216.4(a)(1).

Travel Once an I-751 is filed, a Conditional Permanent Resident can leave the U.S. and return if in possession of documents described in 8 CFR § 211.1(b)(1). The documents described in 8 CFR § 211.1(b)(1) are: the conditional green card and the I-751 filing fee receipt.

Unable to file a Joint Petition

Divorce A Conditional Permanent Resident is not precluded from ever obtaining removal of the condition because the parties separated after a bona fide marriage. If marriage not a sham or fraudulent from inception, it is valid for adjustment purposes until it is legally dissolved.

Conditional LPR; I-751 - Waiver Petition Where the marriage is entered into in good faith, but terminated, and Conditional Permanent Resident is not at fault for failing to file a timely petition, there may be a chance to file to Remove the Condition requesting the INS to waive the 90 day period requirement. 8 CFR § 216.5 There is no specific time limit on this filing, though it is best if it is done before the 90 day window passes where the couple is already divorced. If it is the immigrant spouse who filed for divorce, before filing the waiver petition. The INS will evaluate the circumstances existing during the 90 day window to determine the impossibility or impracticability for the Conditional Permanent Resident to have filed a joint petition during the window. Matter of Mendes, 20 I & N Dec. 833 (BIA 1994).

Email: laraineryan2002@yahoo.com

How to Contact Us Phone: 302-993-9010 Fax: 302-397-2347

Please contact us today for more information on Immigration & Nationality Law.

Directions to our Office