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Portner & Shure

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I will like to take this time to say what a wonderful job Pam Brown did on my case. I was involved in a car accident and my physcial therapist gave me the phone to this law office and Pam took my call and later on my case. She was very helpful every step of the way. I was happy with her service and how she handling my case. Natika Bartholomew

I was referred to Portner & Shure from a friend of mine and i'm glad he did. The firm is very professional. Mr. Shure came to my home and talked to me personally after a day of my accident. Not only that, their paralegal Sandy is very courteous and cheerful. She responded to all my questions in a timely manner and she constantly keeps me updated on my case (which I like). I would definitely use their firm again and would recommend them to any one. Mike Vu

Portner & Shure's services far exceeded my expectations. I would certainly recommend them to my friends, family, co-workers, etc. Their paralegal, Sandy went above and beyond for me. She always answered my questions and returned my calls promptly. I will certainly use them in the future if the need arises. Datherd Fraley

Dear Portner & Shure, P.A., I’m very pleased with the service I received from your law firm. Since the beginning, my questions and concerns were addressed immediately. My claim was settled in a timely manner. Also, I want to thank Sandy the Senior Claims Paralegal who made sure that all expenses were covered for my Personal Injury claim. I highly recommend this law firm for anyone who needs legal assistance. Thank you for handling my claim in an outstanding & professional manner. Sincerely, Rhonda B.

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Green Cards through Marriage: Conditional Residence

By: Jonathan N. Portner
Sameer Sidh
March 12, 2009

For many, approval of an Application to Adjust Status (I-485) is the final step to securing a green card based on a marriage to a U.S. citizen or permanent resident. This is not the case for all applicants. Where an applicant’s I-485 application was approved prior to the second anniversary of their marriage, the applicant is awarded conditional resident status, and not full-blown permanent resident status as others receive upon approval of their I-485. There are important distinctions and regulations regarding conditional resident status that all who seek a green card should be aware of prior to filing.

Conditional resident status is identical to permanent resident status in many ways. The same rights and privileges granted to a permanent resident are also granted to the conditional resident. However, there is one major difference between the two: permanent resident status is valid for ten (10) years, and conditional resident status is only valid for two. The difference is very important because the consequences of allowing a conditional green card to expire are severe.

To receive permanent resident status and to avoid expiration of a conditional green card, the applicant and their spouse must jointly file an I-751 Petition to Remove Conditions. Timing is crucial in this process. The I-751 petition must be filed during the ninety (90) day period preceding the expiration of the applicant’s conditional green card. The expiration date should be exactly two years after the date on which the conditional green card was issued. Failure to file during this ninety (90) day period will result in termination of the applicant’s conditional status.

After filing the I-751 petition, both the applicant and their spouse should expect to undergo an interview. The primary goal of USCIS during this interview is to determine whether the parties are engaged in a valid marriage. To prove the validity of your marriage, couples should produce evidence in the form of bank statements from joint bank accounts, jointly filed tax returns, a lease or deed containing the names of both spouses and bills in the names of both spouses. If USCIS deems the evidence presented to be sufficient, the I-751 petition will be approved and the applicant will have the conditions removed from their permanent residence.
Complications in this process arise when the applicant, usually due to divorce or the death of their spouse, is not able to file a joint I-751 petition. In these situations, an applicant can file the I-751 petition by themselves if they request a waiver of the joint filing requirement and provide evidence to support their waiver request. Divorce cases specifically cause greater problems for an I-751 applicant because the dissolution of a marriage creates a presumption that the marriage was fraudulent from the beginning. To overcome this presumption, the applicant will have to provide evidence that the underlying marriage was not entered into for the purpose of gaining immigration benefits.

Filing a timely I-751 petition is an important step for some on the road to getting a green card. If you unsure of whether or not you need to file this petition, consult an experienced immigration attorney.

Accident Lawyers in Maryland, Virginia & Washington DC

For over fifteen years the attorneys at Portner & Shure have been representing victims injured in automobile accidents. You may request a free consultation with our personal injury accident lawyers in Maryland, Virginia & Washington D.C., to make sure you get the benefits you are entitled to.

Maryland, Virginia & Washington DC Immigration Lawyers

Do you have an immigration issue? Contact our law firm today for a free case evaluation. Want to learn more? Read our online resources: