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Atlanta Immigration Lawyer > Blog > Family Immigration > Risk Factors For Conditional Resident Status In The United States

Risk Factors For Conditional Resident Status In The United States


Conditional resident status allows individuals to obtain a green card for two years, after which, a petition can be filed to have the conditions removed. When this happens the individual becomes a legal permanent resident. Conditional status is typically given to the children or spouses of a United States citizen. Though, only some conditional residents will be successful with a petition. Certain factors can challenge an individual’s ability to either obtain a conditional resident status or have their conditions removed.

If you have conditional residency and would like help with your petition or if you are interested in obtaining conditional resident status in the United States, the Atlanta family immigration lawyers at Shirazi Immigration Law, Inc. can assist you with these matters and all of your other immigration needs. The seasoned and experienced legal team at Shirazi Immigration Law, Inc. is dedicated to helping individuals work through the complicated and intricate United States immigration system and secure their desired results.

What Factors Impact Conditional Resident Status in the United States?

Suppose you obtained conditional resident status as a spouse of a United States citizen. In that case, 90 days before your second wedding anniversary, you must file your petition to have your conditions removed. This is done by filing the I-751 form with the United States Citizenship and Immigration Services. It is necessary to show that your marriage is valid and legitimate. This can be done with various types of documentation like joint ownership of properties or other financial investments, for example.

In some situations, parents filing this form can also include their children and petition for their conditions to be removed as well. This is true if your children became conditional residents on the same day as you or within 90 days after you. They will have to file themselves if they did not become conditional residents with you or did so 90 days after you.

Filing is essential to staying in the country. Failing to do so will mean you will lose your status and be taken out of the country.

Ultimately, if everything goes well, the conditional resident status will be awarded, the individual will remain in good standing, file their petition on time, and have their conditions removed without issue. However, there are some risks that conditional residents seeking condition removal or individuals wanting conditional resident status face. These include

  • Your reason for marriage was to get a U.S. Green Card.
  • You or your spouse has a criminal record with a conviction of a crime. There are several crimes that can keep individuals either permanently or temporarily barred from obtaining citizenship. For instance, aggravated felonies like murder warrant a permanent ban, while prostitution could result in a temporary ban.
  • You do not have a household income that is equal to or higher than 125% of the Federal Poverty Guidelines.

Speak to a Georgia Immigration Attorney Today

If you are seeking conditional resident status and are unsure what to do or if you have risk factors in your background, please call one of our Georgia immigration attorneys at Shirazi Immigration Law, Inc. and schedule a consultation at 404-523-3611.



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