Are you curious to know what is conditional permanent resident? You have come to the right place as I am going to tell you everything about conditional permanent resident in a very simple explanation. Without further discussion let’s begin to know what is conditional permanent resident?
What Is Conditional Permanent Resident?
A conditional permanent resident is an individual who has been granted permanent residency status in the United States, but with certain conditions attached to their status. This condition is placed on the residency status of individuals who are married to a U.S. citizen or permanent resident and have obtained their green card through the marriage. In this blog, we will explore what a conditional permanent resident is, the conditions placed on their residency status, and how to remove those conditions.
When an individual obtains their green card through marriage to a U.S. citizen or permanent resident, their permanent residency status is initially granted on a conditional basis. This condition is designed to ensure that the marriage is genuine and not solely for the purpose of obtaining immigration benefits. The conditional permanent residency status is valid for two years.
The conditions placed on the residency status of a conditional permanent resident include that they must remain married to the same U.S. citizen or permanent resident for the entire two-year period. They must also file a joint petition to remove the conditions within 90 days before the second anniversary of the date they were granted conditional permanent residency. Failure to remove the conditions could result in the individual losing their permanent residency status and being subject to deportation.
To remove the conditions, the conditional permanent resident and their spouse must jointly file Form I-751, Petition to Remove Conditions on Residence. They must provide evidence that their marriage is genuine and ongoing. This evidence could include joint bank account statements, lease agreements, utility bills, and other documentation showing that they share a life together.
In certain situations, such as divorce, the conditional permanent resident may be eligible to apply for a waiver of the joint filing requirement. They may also be eligible for a waiver if their U.S. citizen or permanent resident spouse has died or subjected them to abuse or extreme cruelty.
In conclusion, a conditional permanent resident is an individual who has been granted permanent residency status in the United States with certain conditions attached to their status. These conditions are placed on individuals who obtain their green card through marriage to a U.S. citizen or permanent resident. If you are a conditional permanent resident, it is important to understand the conditions placed on your residency status and the steps required to remove those conditions. It is also important to seek legal advice if you are unsure about your situation.
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FAQ
Who Is Considered A Conditional Permanent Resident?
You are a Conditional Resident if you immigrated to the United States as a spouse of a U.S. citizen before the second anniversary of your marriage, which is the basis of your immigrant status. If you have children, they also may be Conditional Residents. The investor visa (EB5 Investor) also grants conditional residency.
What Is The Difference Between A Conditional And Permanent Resident?
As a conditional permanent resident, you will have the same rights as a permanent resident. There are no green card restrictions, including temporary green card travel restrictions; instead, you need to petition to remove the conditions of your residency to become a permanent resident.
What Is The Difference Between Conditional And Unconditional Green Cards?
Under the regulations, an investor who is approved for the EB-5 Immigrant Visa receives a “conditional” green card, which is valid for a two-year period. An “unconditional” or permanent green card is valid for ten years; otherwise, the two cards offer the same rights and privileges.
Can A Conditional Permanent Resident Travel?
Yes, while USCIS is processing the joint petition or waiver, you can travel abroad even if the conditional resident card has expired. The USCIS will issue you a receipt once it receives the I-751. The receipt serves as proof of your continued lawful status in the United States.
Do The 2 Years Of Conditional Green Card Count Towards Citizenship?
As long as you become a permanent resident at the end of your conditional residence period, your two years as a conditional resident will count toward the waiting period for citizenship.
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