A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.
Two Types of Conditional Residence
- Based on Marriage
Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.
Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence, 90 days before the second anniversary of your admission to the United States as a conditional resident.
- Based on Investment
Your permanent residence status is conditional if it is based on investment. You are given conditional resident status on the day you are lawfully admitted to the United States for a 2 year period.
You must file Form I-829, Petition by Entrepreneur to Remove Conditions, to remove the conditions on your permanent resident status. Form I-829 must be filed within 90 days before the second anniversary of your admission to the United States as a conditional resident.
Who is Eligible?
For marriage-based applications, you may apply to remove your conditions on permanent residence if you:
- Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
- Are a child and, for a valid reason, cannot be included in your parents’ application;
- Are a widow or widower who entered into your marriage in good faith;
- Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
- Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.
When reviewing your petitions for applications based on investment, the U.S. Citizenship and Immigration Services (USCIS) will determine if you:
Actively invested in or was actively in the process of investing the required capital (e.g., $1,000,000 or $500,000 for Targeted Employment Areas) in a “new commercial enterprise;”
In good faith, substantially met the capital investment requirement and continuously maintained your investment for over the two-year period you were a conditional permanent resident; and
Created or expect to create in a reasonable period of time 10 full-time jobs for qualifying employees.
Failure to remove conditions and late filing
If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country. USCIS may accept late filings if you provide a written explanation showing that your failure to file on time was for good cause and due to extenuating circumstances.
If you are applying for applying to remove conditions on your permanent residence, especially if you are filing late or have extenuating issues (e.g. divorce), please contact us. We are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn or Tumblr for up-to-date immigration news.
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