The United States is one of the most sought-after countries for immigrants worldwide. People migrate to the US for various reasons, such as work, education, and family reunification. Immigrants who are married to a US citizen or a lawful permanent resident may apply for conditional residency status, also known as a green card. Conditional residency is granted to individuals married to a US citizen or a lawful permanent resident for less than two years.
In Michigan, like other states in the US, petitioning for the removal of conditions on residency is a necessary step in the immigration process for conditional residents. This article aims to provide an overview of petitions to remove conditions on residence and what to expect when going through the process in Michigan.
What is a Petition to Remove Conditions on Residency?
A petition to remove conditions on residency is a legal document filed by a conditional resident to remove the conditions on their residency status. This petition must be filed within 90 days before the conditional resident’s two-year green card expires. Failure to file the petition within the given time frame may result in the termination of the individual’s residence status and eventual deportation.
The process of removing conditions on residency is intended to ensure that the conditional resident’s marriage to a US citizen or lawful permanent resident was not entered into for fraudulent purposes. This is why the US Citizenship and Immigration Services (USCIS) requires extensive evidence of the marriage and the legitimacy of the relationship.
Documents Required for a Petition to Remove Conditions on Residency
To petition for the removal of conditions on residency in Michigan, the conditional resident must submit several documents to the USCIS. These documents include the following:
Form I-751
This form is the actual petition to remove conditions on residency. It must be completed entirely and accurately, signed by the conditional resident, and submitted with the filing fee.
Evidence of the legitimacy of the marriage
This may include wedding photos, joint bank account statements, utility bills, and lease agreements. The USCIS requires extensive evidence to prove the marriage is genuine and not a sham for immigration purposes.
Proof of ongoing relationship
This may include photographs, letters, and affidavits from friends and family members attesting to the legitimacy of the marriage and the lasting relationship.
Any other evidence to prove the legitimacy of the marriage
This may include any other relevant documents that can attest to the legitimacy of the wedding, such as birth certificates of children born from the wedding.
Biometrics
The USCIS may require the conditional resident to undergo biometrics, which includes fingerprints, photographs, and signatures.
What to Expect After Submitting a Petition to Remove Conditions on Residency
After submitting a petition to remove conditions on residency in Michigan, the USCIS will review the application and may request additional evidence or information. It is essential to respond to any USCIS requests promptly to ensure the timely processing of the petition.
If the USCIS approves the petition, the conditional resident will receive a new permanent resident card valid for ten years. If the USCIS denies the petition, the conditional resident will be placed in removal proceedings and may be deported.
Petitioning for the removal of conditions on residency is a crucial step for conditional residents in Michigan to obtain permanent residence in the US. It is essential to submit all required documents accurately and on time to avoid delays or complications. If you are a conditional resident in Michigan, it is recommended that you seek legal advice and guidance from an experienced immigration attorney. With the proper legal representation, you can easily navigate the process and obtain permanent residency in the US.
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