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What is conditional residence?

Individuals who enter the United States from another country may have acquired a visa depending on the specific of their situation. A visa can be granted for a variety of situations whether an individual is a student or an employee. The individual may be seeking an education in the country at a specific institution. With a student visa, they will be given access to enter the country and reside here while they are receiving their education at their chosen institution. After they are done with their education, they may have to leave the country since the purpose for their visa is no longer applicable.

Visas have time limits on them. Individuals must be aware of how long their visa grants them permission to remain in the country or their visa may expire and they may face removal proceedings. These proceedings can cause a three to 10-year bar that may be applied after you are deported. This can prevent you from entering the country again for years, which can have a major impact on your life. Conditional residence allows individuals to enter and live in the country based on a specific reason. If they entered the country due to their spouse who is an American citizen, they may only have this status for a certain period of time. Once this time has expired, they can face the possibility of removal from the country.

How can I remove a condition on my residence?

If individuals have a conditional residence, they may be able to file a I-751 petition to remove these conditions, allowing them to get a more permanent status in the United States. Before the conditional residence, the individual must file this petition in 90 days or less before the petition is set to expire. When the application is received, the permanent residence of the individual can be extended in one year increments until the request to remove the conditions of their residence is considered. Evidence will be required to support the petition. This evidence can vary depending on the conditions that affected the limited residence. For example, applications that were based on a marriage may require evidence such as a marriage certificate or birth certificates of their children. It can help to establish that the marriage is legit and not one that was created under fraudulent means.

Our firm understands how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.