What is the Petition to Remove Conditions on Permanent Resi
USINFO | 2013-10-28 13:42

 

When you obtain conditional residence status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions. You will not get any other reminder when it is time to actually file the petition.

Usually, you and your spouse must apply together during the 90 days before your second anniversary as a conditional resident (not second marriage anniversary) to remove conditions on your residence. If you don't apply to remove the conditions in time, you could lose your conditional resident status and be put in removal proceedings.

If you are no longer married to your sponsor spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the U.S.

Your children may be included in your application if they got their conditional resident status at the same time that you did or within 90 days. Your child must file a separate application if your child received conditional resident status more than 90 days after you did, or the child was granted conditional resident status independently, the child will need to file a separate petition.

If you file your USCIS Form I-751 on time, the USCIS will extend your conditional resident status for up to 12 months while your petition is under review.

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