REMOVING YOUR CONDITIONAL STATUS (GREEN CARD THROUGH MARRIAGE)
If you marry a U.S. citizen, you will not get a U.S. citizenship right away, but you may become eligible for a U.S. green card, which can lead to U.S. citizenship.
A “Conditional Green Card” is what you may receive from the immigration authorities, due to concern that recent marriages are more likely to be shams.
A conditional resident has the same rights as a permanent resident. He or she can travel in and out of the U.S., accept employment without separately applying for a work permit and start working toward U.S. citizenship (when approved for permanent residence).
You may apply to remove your conditional resident status if:
– you are still married to the same U.S. citizen or lawful permanent resident after two years;
– you are a widow or widower of a marriage that was entered into in good faith;
– you entered into a marriage in good faith, but the marriage was ended through divorce or annulment;
– you entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse;
– you are a child and cannot be included in the application of your parents for a valid reason;
– the termination of your conditional resident status would cause extreme hardship to you.
For more specific eligibility requirements you may see Form I-751.The USCIS Form I-751, Petition to Remove the Conditions on Residence, can be filed regardless of whether you are physically present in the U.S. at the time that you file. However, you must return to the U.S. with your spouse and your children in order to comply with the interview requirement.
If you fail to file Form I-751 within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and confute the evidence against you. You are responsible for proving that you complied with the requirements.
The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Regional Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement.
You may request a waiver of the joint petitioning requirements if:
– Your deportation or removal would result in extreme hardship.
– You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
– You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.
if we win my claim would get a green card if we lose you still have an opportunity to appeal and you have 30 days to appeal and then you’ll see what an apology will say today and hypothetically if you lose again you could always go to a federal court after that now if you get picked up and you absolutely have no basis to stay here you can always apply for voluntary departure voluntary departure is a process where you could request the court to let you leave voluntarily and you have to establish to the court that you’re a good person you haven’t committed any crime and you have the money the funds to leave when it’s time to leave when the judge tells you have to leave and you will leave on time and the way it works if you apply for voluntary departure in the beginning of the case you get for months more that you can leave if you apply at the tail and the case ask after you’ve lost that the judge will give you 2 months for you to leave this is a basic outline of what happens in a deportation case in my office I have an athlete people Tatian cases for the last 30 years I have done so many of them that I can’t even count the numbers if you or anyone of your family have a problem with an immigration case and get that notice to appear you better see me or some other immigration lawyer as soon as possible to protect your rights best of luck let’s talk about marriage for what types of fraud what do we learn and what’s new as opposed to what may have happened years ago and I’ll start with that there’s really nothing you can go back back in the seventies and the very same issues with regard to fraud apply to this day the immigration law has not changed significantly and when you look it there’s a relative petition for an employment based petition you still have the same basic provisions and the same for now the big difference however his value because the volume of applications of petitions that Legacy ins and then she is experienced tremendous growth unprecedented growth horse that multiplies Divine frog and then in a post on one of Iron Man that’s very dangerous so you keep that in mind now we go back to the marriage petition most common type indicator studies but I can tell you to cater and officer different different different probably when you compare the numbers and the percentage of that particular that country to how many applications are petitions are filed by that country the rates were not significantly different than other countries and I think we’re over time many of us thought otherwise it’s because of the volume that we were experiencing without regard to what the grand total of applications of petitions existed to take percentage from so once we are now we really have to focus on is credibility all the petitioner and the beneficiary how from millier are they with each other you really have to interview them you have to interview them separately you have to know in detail their history of how they met what made a merry what’s been going on what are they do but has a hole you really just have to do with oral job and you have to interview the individuals but you have interviewed any approach after we did the systems checks keep them on Ice officers are loaded with information so now they’re prepared to do the interview so they do a standard interview and ask questions and the beneficiary petitioner will we have the information to them approach them with the information sometimes they do a pretty good job so then next week next day or next few days goes out of a site visit lo and behold they’re not living together they’re nervous as heck they thought they succeeded in the interview and certain percentage of them caught on the spot admit the fraud and actually withdraw the petition and it’s pretty clear that when you go knock on the door you can talk to neighbors you visit family you visit the employer and you ask questions to see if all this is consistent with the information provided to us either in the interview or in the application supporting document so it’s a lot of information gathering it’s a lot of information verification and it takes time but that’s what it takes to identify ameritrac is the types of cases where the for a national is duping the USA extremely difficult because in those cases they’re usually cohabitating they’re usually very familiar with each other and the far and National nose wait to get the green card perhaps wait even a year behind that let the dust settle there’s a provision in the law that requires another petition to be filed two years after you get your green card to remove those conditions so one of the things we’ve observed over the past several years is a growing number of very well organized and very pictures of beneficiaries and I don’t mean on a major scale major conspiracy but even the Lesser scale skill and I tribute a lot of this to enter Society dancing with technology and social media and all that and people were bright they realize that look we’re going to get interviewed they’re going to ask his questions we have to live together we have to go through the motions
— US Visa Investors (@visa_investors) 5 de abril de 2016
REMOVING YOUR CONDITIONAL STATUS (GREEN CARD THROUGH MARRIAGE) https://t.co/UxoJpkGTkD
— IMM_AMM (@IMM_AMM) 10 de abril de 2017