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Opinion

Day of mourning for Cebu

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

Let me share in the collective grief that we Cebuanos feel as we mourn the passing of  Archbishop Emeritus Ricardo Cardinal Vidal. Though I never had a direct and personal experience with him, his holiness exuded through his homilies, even his mere presence was enough to serve as my own moral compass. And for that, I thank him. His life as a man of God, a servant of Christ, and as the foremost moral leader of Cebu should be honored and remembered.

If I may suggest, the most appropriate way to honor his memory is that the day of his funeral, Thursday, October 26, be declared as a holiday of mourning so all Cebuanos can participate in his funeral procession as they bid last farewell and express gratitude.

"His Master said to him: Well done, good and faithful servant. You have been faithful over a little, I will set you over much. Enter into the joy of your Master." – Matthew 25:23

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Anna obtained her greencard after marrying John, a US citizen. In November 2015, three months after their wedding, she received lawful permanent resident status but on conditional basis which expires on November 2017. Anna now asks why her permanent residency is different from the others and how to lift those conditions?

A two-year conditional resident status is imposed on aliens who immigrate through marriage to a US citizen and whose marriage occurred within two years of entering the US as a permanent resident or adjusting to permanent resident status. Under these two scenarios this happens: If Anna and John married in Cebu, and John filed an I-130 spousal petition for her and she came to the US within two years of the marriage as permanent resident; or if Anna came to the US under a tourist visa, they got married and she filed an adjustment of status application (from tourist visa to lawful permanent residency using Form I-485).

Aliens like Anna enjoy the same rights, benefits and responsibilities as permanent residents. However, they must take further steps to lift their conditional residency at the end of the second year to maintain their permanent resident status.

Anna and John would have to file a joint petition under Form I-751.  Both of them have to sign it. They have to present evidence of the validity of their marriage, and that it was contracted in good faith.

What if Anna and John are no longer married after two years? Can Anna still petition to remove the conditions of her residency even if John is not jointly filing? Yes, Anna can still file on her own if she can show any or all of the following waiver grounds:

A.) The marriage was entered into in good faith but the spouse died;

B.) The marriage was entered into in good faith, but it ended in divorce or annulment;

C.) The marriage was entered into in good faith but she was battered or subjected to extreme cruelty by the US citizen spouse;

D.) Termination of permanent residency and deportation would result in extreme hardship. [email protected]

 

 

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