Removal of Conditions
You may have been issued a permanent residence status with conditions if your marriage was less than two (2) years when you received your green card. You are given conditional resident status on the day you are lawfully admitted to the U.S. on an immigrant visa or adjustment of your status to permanent residence. Within 90 days of the second anniversary of you becoming a legal permanent resident, you will need to file Form I-751, Petition to Remove Conditions on Residence. The removal of your conditions requires you to prove that your marriage was entered into in good faith. In some cases, the joint filing requirement can be waived.
Form I-829 to remove conditions is filed by a person who obtained conditional permanent residency as a result of gaining status as an EB5 investor. The EB5 conditional permanent resident investor will be required to demonstrate that he or she invested in the commercial enterprise for which he or she obtained status to invest into and that he or she is meeting certain job creation or job preservation benchmarks.
A conditional permanent resident must apply to have the conditions removed on his or her status in order to remain in the United States as a permanent resident. If the application for the removal of conditions is not filed or denied, the conditional permanent resident may lose status. Attorneys at Mokolo Law Firm are thoroughly experienced in helping conditional permanent residents remove the conditions on permanent residency in both family-based and investment cases and in situations where a marriage may no longer be viable.
For an initial consultation with Mokolo Law Firm on removal of conditions, please select from one of the contact options below.