Termination of Conditional Residence Lawyer NYC

The termination of a conditional residence status can be a complex process. Before you move forward with terminating your conditional residence status, it is crucial to speak with an experienced immigration law attorney. A termination of conditional residence Lawyer NYC can help you navigate the legal complexities of this process.

What Is a Conditional Resident?

There are a few different ways that someone can become a conditional resident of the United States. One way to become a conditional resident of this country is to immigrate to the U.S. as a spouse of a United States citizen prior to the second anniversary of your marriage.

Under these circumstances, your marriage to a United States citizen is the basis of your conditional residency in the country. If this scenario applies to you, and you have children, they might also be conditional residents of the United States. An immigration attorney can help you understand more about conditional residency and determine if your children are also conditional residents.

Why Is My Permanent Residency Conditional If I Have a Valid Marriage?

Even if it seems obvious to you that your marriage to a United States citizen is valid, your permanent resident status is conditional if your marriage was less than two years old on the date that you became a permanent resident. Your status will be conditional until you can prove that you did not get married to get around United States immigration laws.

To remove the conditional aspect of your residency, you must file a form with the United States Citizen and Immigration Services. Also, you cannot file to renew your permanent resident card (also known as your tarjeta verde) if you are a conditional permanent resident.

Are There Any Other Ways to Become a Permanent Resident Other Than Marriage?

Another way to gain conditional residency is to come to the United States on an investor visa. This program is called the EB-5 Program and is administered by the United States Citizenship and Immigration Services. Successful applicants (along with their spouses and any unmarried children under the age of 21) for this type of visa are eligible to apply for a green card and permanent residency if they meet the following criteria:

  • Make the required investment in a commercial enterprise within the United States; and
  • Have plans to preserve or create at least ten permanent full-time jobs for qualified workers in the United States.

Congress developed this program back in 1990 as a way to help stimulate the economy. Changes to these regulations have been made in recent years, so you should speak with an experienced immigration attorney if you obtained your conditional resident status with an investor visa.

How Do I Remove the Condition on My Permanent Residency?

If you want to remove the condition on your permanent residency and obtain your green card, you must file the required application. You are required to file this petition within 90 days before the second anniversary of the day on which you received conditional permanent resident status. A termination of conditional residence Lawyer NYC can help you complete the necessary paperwork and help you file your application.

Typically, your permanent resident card will expire on the second anniversary of this date. You can find the expiration date of your conditional resident status on your card.

To remove the condition and become a permanent resident of the United States, you must file one of two forms. The first is Form I-751, Petition to Remove the Conditions on Residence, and it is used for people who became conditional residents through marriage to a U.S. citizen. The other form is Form I-829, Petition by Entrepreneur to Remove Conditions, which is used by those who obtained conditional residency through an investor visa.

What Is a Termination of Conditional Permanent Resident Status Letter?

In cases in which conditional permanent residents do not properly file the Form I-751 within the 90-day allotted time frame before their second anniversary of obtaining conditional residency status, the USCIS might issue a termination letter. A termination of conditional permanent resident status letter is a notice to inform you that you failed to remove the conditions on your status.

If you receive a termination letter, you should arrange for a consultation with a termination of conditional residence Lawyer NYC as soon as possible. Receiving one of these letters is a serious matter which must be addressed immediately. The USCIS will begin removal proceedings against you and terminate your conditional permanent resident status, so you must act promptly.

Why Does the USCIS Issue Termination of Conditional Permanent Residence Notices?

If USCIS determines that any condition set forth in Section216(b)(1) or 216A(b)(1) of the Immigration Act is true, or if the government learns that an entrepreneur admitted to the United States with an investor visa obtained their investment capital illegally, it can terminate that person’s conditional permanent resident status. In cases in which USCIS issues a notice of intent to terminate a person’s conditional resident status, forms I-751 and I-829 should not be adjudicated until it has been concluded that their status will not be terminated.

What Should I Do After Receiving a Notice to Appear at a Hearing Regarding Termination?

After you have received a termination letter and have been notified that you did not remove the conditions on your status within the required time frame, you should receive a notice to appear at a hearing on the matter. At the hearing, you will have the chance to learn about the evidence against you and present any evidence that refutes the evidence presented by the USCIS in your case.

It is critical to keep in mind that at the hearing, you will have the burden of proof to show that you complied with the requirements. This means that the USCIS is not required to prove your non-compliance, so you must attend the hearing and bring any evidence that supports your position.

If you need to prove your compliance with the law at a termination of conditional residence hearing, it is highly beneficial to hire a Lawyer NYC with experience handling immigration matters. A termination of conditional residence Lawyer NYC can represent you and put on the evidence in your case on your behalf.

When reviewing this matter, it is essential to take note of when you actually filed your Form I-751. If you filed your Form I-751 after the 90-day time period, you are required to include a written explanation as to why you did not file it on time. The USCIS will review your submission and determine whether or not there was good cause for your untimely filing.

When Does a Termination of Conditional Residence Officially Terminate?

In 2019, U.S. Citizenship and Immigration Services changed its policy manual to clarify that someone’s conditional resident status officially terminates once it issues a formal notice. The USCIS also clarified that after receiving a formal notice of termination, a former conditional resident is able to apply to readjust their status based on a new petition that has been approved. Prior to this 2019 change, a conditional resident could not readjust until they had been terminated by an immigration judge.

What Happens If Removal Proceedings Are Initiated Against Me?

If USCIS initiates a removal proceeding, you should speak with a termination of conditional residence Lawyer NYC right away. A Lawyer NYC with experience in this area can represent you in the removal proceeding and handle the legal aspects of your immigration case for you.
At a removal proceeding, you have the right to submit evidence that rebuts the evidence against you submitted by the director. For removal proceedings that are based on whether or not a condition (or more than one) set forth in Section 216(b)(1) or 216A(b)(1) of the Act applies, USCIS has the burden of proving that one or more of the conditions have been met. Additionally, USCIS also has the burden of proof for removal proceedings based on the finding that an entrepreneur on an investment visa obtained their investment capital illegally.

Do I Need a Termination of Conditional Residence Lawyer NYC?

While it is not a requirement to hire an attorney for matters involving the termination of conditional residence, it can be enormously beneficial for your case to obtain legal representation. Immigration law can be complex and hiring a Lawyer NYC can eliminate a great deal of stress. A termination of conditional residence Lawyer NYC will ensure that any applications, forms, and other paperwork are filed on time and can also help you put together evidence supporting your position that you will need for hearings or legal proceedings.

New York Termination of Conditional Residency Attorneys

The immigration Lawyer NYC at Feiner & Lavy, P.C. have dedicated over 40 years to helping people achieve their immigration goals. We are dedicated to providing our clients with excellent customer service.
At Feiner & Lavy, P.C., we charge reasonable legal fees in order to be accessible to as many people as possible to ensure that quality legal representation is available to those in need. In addition to conditional residence matters, we also handle many other immigration-related cases. Contact us today to schedule a consultation with one of our experienced immigration law attorneys.