Often a conditional resident may end up in removal proceedings. This could be due to a denied case or failure to file to remove the condition while the residency period was intact. But not all hope is lost if placed in removal. If a CLPR’s status has been terminated, the immigrant may be able to file a waiver case or joint petition to remove the condition with CIS and delay the issuance of a removal order. Judges have the power to delay proceedings to give the immigrant these options.

An immigrant who already filed a case with CIS which was denied can ask the judge to review the case in removal court and even provide more evidence at that point. Another option may be filing a new green card case based on a new marriage but in this scenario, the former/expired green card holder will likely face skepticism about the bona Fide nature of the new marriage and should document the case well.

Attorney Heather L. Poole practices exclusively in the area of U.S. family-based immigration law and citizenship law. Heather is a nationally-published immigration author, frequent lecturer on immigration issues, and member & officer of the American Immigration Lawyers Association’s Southern California Chapter. For more information about Heather and the services offered, visit www.humanrightsattorney.com