Asian Journal- The Filipino-American Community Newspaper

Question: What are the instances where the USCIS may terminate conditional residence and initiate removal proceedings?

Answer: Aliens with conditional residence may be placed in removal proceedings in any of the following:

• Failure to file a joint petition to remove the condition on residence at the end of two-year period.

• Failure to file an application for waiver to file joint petition.

• Failure of either spouse to appear for an interview on a joint petition.

• Failure of the conditional residence to appear for an interview on a waiver application

• The marriage was terminated during the two-year conditional residency period.

• The joint petition or waiver application was filed but was denied by the USCIS.

Answer: The conditional resident alien may file a waiver of filing joint petition in any of the following situation:

• The marriage was entered in good faith, but the spouse has died.

• The marriage was entered in good faith but the marriage has been terminated by divorce or annulment.

• The marriage was entered in good faith but the conditional resident has been battered or subjected to extreme cruelty by the US citizen spouse.

Termination of conditional residence status and deportation would result in extreme hardship.

Answer: There are two situations where the USCIS may deny a joint petition:

• When the qualifying marriage has been annulled or terminated, other than through death of a spouse;

• Where it made a finding that a fee or compensation has been given for the marriage or that the marriage has been entered in bad faith. The USCIS will deny a waiver application when it finds that the marriage was entered in bad faith, the alien has not demonstrated extreme hardship or there was no battery or extreme cruelty.