Removal of Conditions

Whether an individual received their two-year residency based on marriage or investment, 90 days prior to expiration, they are required to file for the Removal of Conditions.

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Removing Conditions On Permanent Residency

During the 90 days before the second anniversary of the date an individual obtained conditional resident status they must file to remove the conditions, failure of which may result in loss of residency.

Physical Presence in the United States at the Time of Filing

The Petition to Remove the Conditions on Residence can be filed whether the individual is physically present in the United States at the time or not. However, they must return to the United States to comply with any fingerprint or interview appointments.

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Is a Personal Interview for Marriage Based Filings Required?

It depends. When there is insufficient evidence to meet the individual’s burden of proof that their marriage is or was bona-fide, USCIS will conduct a personal interview at the district office that has jurisdiction over the case. Where sufficient evidence exists, and the Service is satisfied with the petition that the marriage was not entered into in order to obtain immigration benefits, the interview will be waived and approve the petition.

How Can I Get a Waiver of the Requirement to File a Joint Petition?

When marriages break down, it is still possible to remove the conditions on residency, through a waiver of the joint filing requirement. Again, where sufficient evidence exists, and the Service is satisfied with the petition that the marriage was not entered into in order to obtain immigration benefits, the petition may still be approved.
You may request a waiver of the joint petitioning requirements if:

  • Your deportation or removal would result in extreme hardship
  • You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
  • You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of lawful permanent resident spouse, and you were not at fault in failing to file a joint petition.

Removing Conditions On Permanent Residency for Investors

The process of removing conditions for investors under the EB-5 category includes:

  • Detailed information regarding the status of the project
  • Documentation related to the commercial enterprise
  • Documentation that demonstrates the petitioner’s investments and flow of funds
  • Documentation showing that the petitioner has maintained their investment
  • Documentation of job creation