Hi, Carlos Batara here.
I wanted to speak to you today about conditional permanent residency.
You probably heard that getting a green card through United States citizen spouse
is the easiest path to permanent residency.
And generally speaking, yes, that's true.
But there are some hurdles along the way in various situations that you should be aware of.
Conditional permanent residency is one of those.
The situation arises when a person, a United States citizen,
marries an immigrant and less than two years after their marriage,
the immigrant is eligible for a green card and they go to an interview.
In that situation, the government is going to give them a conditional green card,
conditional permanent residency.
The situation arises in three general situations.
The first one is that of a fiancé visa.
A United States citizen brings in someone that they have fell in love with from abroad.
They have ninety days to get married after that person arrives.
In most situations,
the next step is to file for permanent residency for the spouse,
so once they do that,
the process moves pretty quickly.
And within a year, more or less,
the immigrant earns a green card.
So now they have a green card. It's been less than two years after they were married.
The second situation occurs with what is more common now.
Internet dating
I've seen a lot of individuals who have met someone online.
Then they go abroad.
They spend time with them.
They start to like them.
Then the person comes over here and visits them and the United States citizen spouse proposes.
They propose marriage. They think about it.
Then, they get married.
Then the United States citizen and the immigrant spouse come into a lawyer's office
and ask if they could immigrate them and they could stay here and
that they don't have to go back on their temporary visa.
A third situation is just two people meet and they are quickly, madly in love,
they get married and then they file papers real quick.
I mean not the normal courting period. It might be two or three months, boom, it's done.
And they get married and then the green card process flows very quickly.
Those are three common situations that you'll see this occur.
Okay, so, what is conditional permanent residency? It's a two-year testing period.
Like I said, if you've been married and less than two years after that,
you become a permanent resident, your permanent residence will be conditional.
It won't be permanent. It won't be permanent, permanent residency.
It'll be conditional permanent residency. So, what happens in that situation?
Well then the United States sets a two-year testing period.
So for the next two years, you should remain married.
I mean because the government is really looking at this in terms of, "Is this fraud?"
Have you really gotten married for love or is this one of those paid for marriage situations,
paid for green card situations? And so, what the government imposes upon you is a two-year period.
At the end, three months before the end of the two-year period, which is the 22nd, 23rd, 24th months,
the government wants you to file a form called Removal of Conditional Residency. It's Form I-751.
That is supposed to be filed jointly.
If both you as the immigrant and your immigrant spouse are together, you are supposed to file that.
Now, there are some situations where that doesn't occur.
For whatever reason. And it may not be related to fraud. In fact, in most cases it isn't.
In those cases you can't file together
perhaps the United States citizen spouse has fallen in love with someone else, perhaps they abandoned them,
perhaps they've even filed for divorce. So, what does the immigrant spouse then have to do?
Well then they have to ask for a waiver. They have to ask to file alone without their American spouse.
There's three conditions that you have to meet.
All of them have to have…have to prove, even jointly that it's a good faith marriage.
If you're still together
and if you've had children, well, normally it's going to be pretty clear that it's a good faith marriage.
But when you file alone, the good faith marriage requirement becomes a little stricter.
But it's the other three – you have to meet one of those three
in order to keep your permanent residency card
and change the conditional status to a permanent status
so that you become a permanent, permanent resident.
Okay, the first one is that you're divorced already.
That would be, you got married and say, the thirteenth month or so, your spouse files for a divorce.
Now that in California, there's a sixth-month cooling-off period
unless there are, you know, certain conditions that would allow you to fast track your divorce.
But by then you'll be divorced the nineteenth month.
Well, the immigrant spouse can still file for a waiver
and keep their green card if they can show that their marriage was in good faith
and that the divorce has been completed.
Death operates pretty much the same way.
If you can show that your spouse passed away and it was a good faith marriage, then you are okay.
But divorce is one of the big ones.
I've seen a case where an individual comes to work in California.
The spouse is in another state. They come here because it's a better job and they're hoping for a job promotion
and they're hoping that the U.S. citizen spouse will follow.
However, that does not happen. The U.S. spouse ends up with someone else.
The immigrant goes back home, and it's like, "Whoa, Whoa, Whoa, What Happened?"
And they end up getting a divorce, and so when they come, they have to file
for the waiver based on the divorce.
If the divorce has not been completed, there could be problems.
But there are two other ways for a person to achieve a waiver, to win a waiver.
The second one is extreme hardship.
If you are the immigrant spouse, and you're going to suffer extreme hardship
without the permanent residency card, you could win a waiver.
But the period for the extreme hardship is only going to be from the period of the marriage
so you're going to show, "Okay, this is what I thought I was getting into.
This is what I have now. This is how I'm going to suffer."
A situation like that might occur where the immigrant spouse has a child.
The child is born and then the U.S. citizen spouse leaves.
Or maybe even two children. And they leave and the immigration spouse,
if they don't keep their permanent residency will not be able to take care of the two children.
They'll going to be sent back home because they're not allowed to stay here.
There's going to be extreme hardship to the spouse and to the U.S. citizen children.
In that case, you could have a strong argument for extreme hardship.
The third one is battery or extreme cruelty.
I have seen cases with fiancé visas where the immigrant spouse comes over here
and she's totally mistreated by the US citizen spouse.
The immigrant spouse then is left high and dry.
And treated like a slave or treated like, you know, a sex object.
Or just in general, not allowed to have friends, not allowed to make phone calls,
not allowed to interact with the community.
Well, that's extreme cruelty.
Okay? Or even absent battery which is you know, physical hitting and beating of an individual,
an extreme cruelty argument could win you, could win the granting of the waiver
which then allows the immigrant to file for the removal of the conditions on their own.
That's conditional permanent residency in a nutshell.
I hope I've been able to simplify it a little for you.
Hopefully, you never find yourself in this situation
but if you do, I hope this video provides you with some key insights.
Thank you very much and I'll be talking to you again soon on another subject.
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