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Portner & Shure

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Dear Mr.Ruby, Mr. Shure, Mrs. Horseman and Mrs. Linton: I would like to express my appreciation to your professional support and guidance during the 3 overwhelming years. I was involved in a car accident. Mr. Shure came to my home and provided assistance the day after the accident. Then, your paralegals, Sandy and Dawn assisted me on each steps and kept me updated. Mr. Ruby answered my questions and phone calls. He tried and settled my case successfully. Your team professional services is the key in the success of my case. I will recommend your firm to my friend Thanks again!

-Lisa Zhang
I got into a really bad car accident and had no clue what to do. Luckily I called Portner & Shure. Thanks to them I did not have to experience the stress of talking to the insurance company's, or the hassle of gathering additional information about my case. Portner & Shure did it all. They handled all of my medical bills, and even provided a convenient chiropractor that was amazing and made me feel like myself again. They also offered a settlement that I was very pleased with.The staff were friendly and respectful. My questions were answered promptly and in great detail. I felt like I was in good hands throughout the entire process Portner & Shure is top notch. They exceeded my expectations. I recommend this law firm to anyone who refuse to settle for less.. Thanks again Portner & Shure for making this tragic experience a stress-free process and providing a satisfying result.

Jessica Tabron, Montgomery County, MD
First of all I thank God to be alive and I thank you for helping me with my case. God bless you all. It was a great pleasure. Thanks.

Angel Regina Reyes de Hernandez
Pam Brown was the paralegal that was handling my case. She was wonderful. She was always pleasant to speak with on the phone and she always kept me updated on my case. I think her professionalism is a testament to the entire team of Portner and Shure. Thank you guys for everything. Jun Jie Liu

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Green Cards through Marriage: More on Conditional Residence

by: Jonathan N. Portner
Sameer Sidh
March 11, 2009

A common area of the law which causes trouble for family-based immigrants is the status of conditional residence. Conditional residence is designated to an intending immigrant where a green card was secured through marriage to a U.S. citizen or lawful permanent resident, and the marriage is less than two years old at the time that status is granted. In these situations, conditional residence is granted for a period of two years. To convert conditional residence into permanent residence, an I-751 Petition generally must be jointly filed by both spouses in the ninety (90) day period preceding expiration of conditional status. Failure to jointly file a timely I-751 Petition often leads to the termination of legal status and exposes the immigrant to possible deportation.

A situation that often jeopardizes the legal status of a conditional resident is the failure to file the I-751 Petition in a timely manner. It is the general practice of USCIS to send out a notice reminding conditional residents of the need to file the I-751 Petition, but failure to send out this notice will not be deemed a sufficient excuse for not filing in a timely manner. An I-751 Petition that is not filed inside of the mandated ninety (90) day period for filing will be excused if good cause and extenuating circumstances for the late filing are shown. What constitutes good cause and extenuating circumstances is a discretionary matter that varies from adjudicator to adjudicator. If a conditional resident has not filed an I-751 within the proper time frame, the resident should be prepared to explain the late filing and provide tangible evidence to support the explanation for the delay. Of course, the easiest solution to this issue is to make sure that the I-751 Petition is filed on time, as the consequence for not filing is the immediate termination of legal status.

Another situation that affects conditional residents is when they are unable to jointly file a petition with their spouse. Inability to file a joint petition can arise from the death of the spouse, divorce, or separation from a spouse that is unwilling to file a joint petition. If an I-751 Petition can’t be jointly filed, the conditional resident must seek a waiver in order to gain legal permanent resident status.
In all situations where a waiver to the joint filing requirement is sought, the primary objective of the conditional resident must be to show that the underlying marriage was entered into for good faith purposes and not for the purpose of gaining immigration benefits. Documents evincing good faith can show joint residence or joint finance, proof that children were born to the marriage if applicable, sworn affidavits from individuals who can attest to the validity of the marriage, and family photographs.

Waiver applicants must also submit additional evidence depending on the type of waiver being sought. Conditional residents who have experienced the death of their spouse must provide the death certificate and a sworn affidavit explaining the circumstances of death. In cases of divorce, the divorce decree must be submitted to prove termination. The reasons for divorce will not be examined by USCIS, but the fact that a divorce has occurred elevates the need to produce strong evidence that the marriage was in good faith when it occurred. The most difficult situation occurs when a conditional resident has not received a final divorce decree from a spouse that is unwilling to jointly file the I-751 Petition. The reason that this situation causes problems is that USCIS requires final termination of a marriage before it will consider granting a good faith waiver to a self-petitioner. In this situation, the conditional resident should file in a timely manner, and request a waiver based on extreme hardship. In support of this waiver request, the conditional resident should submit evidence of steps taken toward a divorce, like a complaint or notice of a hearing date. If the conditional resident is fortunate, the divorce will finalize while the I-751 Petition is pending, allowing the grant of a good faith waiver as a self-petitioner.

If you are currently a conditional resident and are uncertain about what steps need to be taken in order to gain LPR status, contact an experienced immigration attorney.

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