Removal of Conditions for Spouses of U.S. Citizens
Basic Requirements:
Conditional permanent residency may be granted to spouses of U.S. citizens who have been married for less than two years at the time residency status (green card) is granted. To become an unconditional permanent U.S. resident, then, qualified individuals must apply to remove the conditions. The paperwork must be filed no more than 90 days prior, at the earliest, and, at the latest, before the end of your second year as a conditional resident.
If a couple has divorced, or if the U.S. citizen spouse has deceased, the conditional permanent resident may apply to waive the joint filing requirement. As such, an individual may apply to remove the conditions any time after their divorce, but also prove that removal from the U.S. would lead him or her to extreme hardship.
If the immigrant spouse is late to apply for removing his or her conditions on residence, he or she will then lose conditional resident status and removal proceedings will be initiated.
Family Members of the Immigrating Spouses:
A permanent resident (green card holder) may petition for their unmarried child(ren) of any age to join him or her as a permanent resident of the U.S. Family members of U.S. Permanent residents are placed under the Family 2nd Preference category. Should the step-child of the U.S. Citizen obtain permanent resident status, they may then remove their conditional status, should they have immigrated within the first two years of their parents’ marriage.
Fees Associated with Removing Condition:
The Austin immigration attorneys at the Law Office of William Jang, PLLC typically charge the following in attorney’s fees for case when filed within the United States with the United States Citizenship and Immigration Services (USCIS), in addition to the filing fee that is currently charged by the USCIS (please read the disclaimer on this page).
When a couple is still married:
- $1,500 attorney’s fees
- $750 USCIS filing fee
When a couple is no longer married:
- $2,500 attorney’s fees
- $750 USCIS filing fee
Experience:
At the Law Office of William Jang, PLLC, our Austin immigration attorneys have a thorough understanding of the process of removing conditional permanent resident status; we’ll do everything we can to help you or your spouse through the process. Please see a sample of approved cases.
