Legal Question in Immigration Law in California

conditional resident

Not a regular question: Firstly, when removing conditions for permanent residents after the initial 2 year period, I would like to know if the uscis makes any checks to see if the couple are still married. I know they're probably supposed to, but do they? anybody know the answer? Secondly, (i know each case is decided individually) what is the percentage of people to have there conditions removed even though the marriage has been dissolved through annulment or divorce? Any one with any accurate answers to these questions? Thank you


Asked on 4/17/07, 1:51 am

2 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: conditional resident

You need to submit solid proof that you are still together. Also...divorce happens all the time...in that event all you need to prove that you had a bonafide marriage. I have reprsented many client like that. Many times..these clients were also eligble under VAWA as abused spouse.

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Answered on 4/17/07, 9:29 am
Liliana Loftman Law Office of Liliana Loftman

Re: conditional resident

You can apply to have the conditions removed if you are divorced. You will need to prove that you entered the marriage in good faith and it did not work out. Annulment is another matter entirely. If you have an annulment I recommend that you consult an attorney.

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Answered on 4/17/07, 4:41 pm


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