Removal of Conditional Residency

If based on a marriage of less than two years on the day permanent residency was given, that status is considered conditional. The status is considered conditional due to the fact that proof must be offered in support of the fact the marriage was not undertaken simply to evade U.S. immigration laws. In order to remove this conditional status, Sullo and Sullo attorney will guide you through the process.  It is possible that an interview will be scheduled with by the USCIS in order to facilitate the verification of a good-faith marriage. These proceedings can be very traumatic for the person involved; it can be extremely beneficial to have a Sullo & Sullo attorney by your side during the filing and interview process.


In order to qualify for Removal of Conditional Residency, certain criteria must be met. To avoid the possibility of deportation proceedings all basic eligibility requirements must be met as well. The immigration attorneys of Sullo & Sullo have considerable experience dealing with all aspects of immigration law. We are familiar with the necessary forms and cognizant of the time constraints. Just as important, we understand the anxiety you are feeling and offer compassion, a thorough assessment of your case and a clear explanation of your available options.


Removal of Condition of Residency Requirements Residency Requirements?

The conditions of residency requirements may be removed if:

  • You are the widow or widower of a marriage which was true and entered into in good faith.
  • You entered your marriage in good faith, however the marriage failed, ending in divorce or annulment.
  • You entered your marriage in good faith but you or your children were beaten or subjected to extreme hardship from your U.S. resident spouse.

Termination of your conditional residence strategy would result in extreme hardship.

You and your spouse remain married after two years and have lived together continuously since your marriage. Your children may be included in your application if they also received conditional resident status

Failure to apply within these time limits set by USCIS could cause the loss of conditional status and a removal or deportation from the United States. Battered spouses of a U.S. resident or those who are divorced from their U.S. resident spouse can apply for removal of conditional residency any time following conditional resident status, but within plenty of time to avoid removal from the United States.

The attorneys of Sullo & Sullo want to assist you in removing your conditions of residency; we have the experience and knowledge necessary to avoid any issues with the filing of your paperwork and we can help you make the decisions which affect the future of you and your family.

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