Charlotte Family Conditional Permanent Resident Visas

People come to the United States for many reasons, but family reunification is one of the biggest. Family-based immigration allows a U.S. citizen or lawful permanent resident to bring family members to the U.S. However, immigration status is conditional on the specific relationship to the resident or citizen.

Conditional permanent resident visas are temporary, and applicants must apply to remove the conditions and get a permanent green card. For an application based on marriage to a U.S. citizen, you must file Form I-751 no sooner than 90 days before the second anniversary of your conditional permanent resident (CPR) green card, but not after the second anniversary. An experienced attorney could help you navigate Charlotte family conditional permanent resident visas and the process of removing conditions to become a permanent resident.

Understanding Conditional Permanent Residence

If you are a foreign national married to a U.S. citizen, you can apply for a green card as soon as you get married. The processing time is generally 9 to 11 months, though the time varies depending on individual circumstances. This initial green card is usually provisional and requires that you stay married to the U.S. citizen or lawful permanent resident.

Before the second anniversary of receiving your CPR, you can apply to get the conditions removed. This process is essential because a conditional green card is only valid for two years. If you do not begin the process before the two-year period ends, your status becomes illegal.

CPR requires that you be in a bona fide marriage to a U.S. citizen. To remove the conditions and remain in the U.S., you must prove the marriage is genuine. If you neglect to file to remove the conditions or cannot prove the marriage is authentic, then your legal status will be revoked, and you can be subject to removal proceedings and deportation. A Charlotte-based attorney with experience in family conditional permanent resident visas could help you avoid this outcome.

Removing Conditions

To remove your visa conditions, you and your spouse must file Form I-751, the Petition to Remove Conditions on Permanent Residence. This joint petition requires the cooperation of the immigrant’s spouse and proof that the marriage is bona fide.

There is no set way to prove that a marriage is genuine and non-fraudulent. You will need to provide evidence that can help substantiate a marriage, including joint leases or mortgages, utility bills with both names or a shared address, joint bank accounts, joint tax returns, joint credit cards or loans, and shared children. Additional evidence may include photographs, emails, texts, and proof of weddings, engagements, or anniversary celebrations.

You can even provide third-party evidence. When a relationship is genuine, you often have photos with your friends and family. Loved ones can also provide affidavits or testimony about the genuineness of your marriage.

Sometimes, the sponsoring spouse may be unwilling to cooperate and file the joint petition. This is common in scenarios where a controlling or abusive spouse uses immigration status to exert control over their partner. However, there are waivers for people who have been the victims of domestic violence or other types of extreme cruelty. In these circumstances, a family conditional permanent resident visa lawyer in Charlotte may be able to help you get a waiver of the joint filing requirement.

Talk to a Charlotte Lawyer About Conditional Permanent Resident Visas for Family Members

The process can be intimidating and overwhelming, whether you are exploring the CPR visa process or potential exceptions because of a non-cooperative spouse. At Sussman Law Firm, we are experienced in Charlotte family conditional permanent resident visas and could help ensure you meet the requirements. Contact us today and make an appointment to discuss your case.