Conditional Residence Termination
06 January 2021Author: NYC Immigration Lawyer Alena Shautsova
NYC Immigration lawyer Alena Shautsova helps immigrants to remove conditions on their permanent residency and open a path to the US citizenship.
An immigrant who is being sponsored based on a marriage, will become a conditional resident if the marriage is less than 2 years old at the time of the adjudication of adjustment of status or immigrant visa interview. Within 90 days of the second anniversary of the conditional residence, an immigrant has to submit a petition to remove the conditions on the residency. A petition may be filed jointly if the couple still resides in a viable marriage, or filed based on a waiver if the marriage is terminated, an immigrant was abused during the marriage, or can demonstrate that he/she will suffer extreme hardship in case of the removal. However, if the petition is not filed within the two years, the conditional residence will be terminated. Usually, an immigrant will be placed in removal proceedings.
In addition, USCIS may revoke the conditional residence and place a person in removal proceedings before the 2 year-time limit, if:
- The marriage has been judicially annulled or terminated, apart from the death of the citizen or permanent resident spouse;
- USCIS determines that the marriage is a “sham,” that is, that the couple married only for immigration reasons; OR
- USCIS received information that someone was paid to file the original I-130, other than a legal worker who prepared the petition.
In case of such a revocation, USCIS will need to issue an immigrant a notice, and a person should have a chance to respond to it. 8 CFR 216(3)(a). If a notice of intent to terminate is issues, any filed form I 751 cannot be adjudicated.
"The burden of proof shall be on the Service to establish, by a preponderance of the evidence, that one or more of the conditions in section 216(b)(1) or 216A(b)(1) of the Act, whichever is applicable, are true, …" Id.
If marriage fraud is uncovered after the condition is removed, USCIS may either start rescission proceedings or removal proceedings against the immigrant. There is a big difference between the two. Read more here.
If marriage fraud is uncovered after a person becomes a US citizen, the government may start denaturalization proceedings. Such proceedings start with the government’s attorney sending a letter-settlement offer to the person, and if the matter is not settled, the government brings a lawsuit against the person in a Federal court.
For more information on questions related to I-751 conditional residence:
- Former Conditional Residents Will Be Able To Readjust Without The Court Proceedings
- Stuck I 751 Petition
- I-751 Removal Of Conditions After Divorce: Supporting Evidence
New York Immigration lawyer Alena Shautsova helps individuals facing various issues related to conditional residence. If you need a consultation, reserve it by calling 917-885-2261.
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