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Removal Of Conditions

You may be in the United States as a Conditional Resident if you were married for less than two years to your U.S. citizen spouse or permanent resident spouse on the day your permanent resident status was granted. Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

You are eligible to remove your conditions on residency if you are still married to your U.S. citizen spouse or permanent resident. If you are no longer married to your 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 country.

You can remove the conditions on your residency by filing a Petition to Remove the Conditions on Residence.  You must file your petition at least 90 days before the second anniversary of your admission into the U.S. on an immigrant visa, or adjustment of status if you entered on a fiance visa (K-1 visa).
The petition can be filed after the 90-day period if you can prove in writing that there was good cause for failing to file the petition on time.  The United States Citizenship and Immigration Services has the discretion to approve the petition and restore your permanent resident status.

An interview may be required to demonstrate eligibility to remove the conditions on your residence. If an interview is required you will receive an appointment notice from the United States Citizenship and Immigration Services notifying you when and where to appear for your interview.  An immigration lawyer can help you remove the conditions on residency by preparing all of the required paperwork and assisting you with the interview and approval process.

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