A person applying for permanent resident status (“Green Card”) based on their marriage to a U.S. citizen will only be granted conditional permanent resident status if the marriage is less than two years old at the time the green card issued. A green card is only valid for two years, and the conditional green card is required to file Form I-751, Petition to Remove Conditions on Residence near shortly before their green card expires. U.S. Citizenship and Immigration Services (“USCIS”) may take months or even years to approve the petition, or in this case more than 30 years!
This is the story of a client of Reeves Immigration Law Group that we will refer to as “Jorge” to protect his privacy. Jorge is a native and citizen of the Philippines who received his conditional green card in the early 1990s. He could not have ever imagined that it would take more than 30 years before the conditions on his green card were removed and he received full permanent resident status. But that is exactly what happened!
Along the way, Jorge was placed in deportation proceedings, which is the formal process the Department of Homeland Security must typically follow when attempting to deport a person from the United States. Jorge represented by Attorney Theresa Calimag. Attorney Calimag, who specializes in deportation defense and family-based petitions requested for Jorge’s deportation case to be dismissed so that Jorge can once again request the removal of his conditions with USCIS.
Following the dismissal, Attorney Calimag represented Jorge with a new and updated Form I-751, Petition to Remove Conditions on Residence. Since Jorge had long been divorced from his U.S. citizen wife, Attorney Calimag and Jorge requested waivers of the joint filing requirement based on his good-father marriage, the extreme hardship that Jorge would suffer if he was forced to return to the Philippines, and the fact that Jorge was the victim of abuse during the marriage.
Jorge’s case presently some unique challenges since his green card had been issued so long ago. Nevertheless, with hard work, determination, and a clear and effective legal strategy, Jorge’ petition was approved! He is now eligible to apply for U.S. citizenship.
