Conditional permanent residency in the United States grants a person a conditional green card that allows an individual to work and live in the United States for 2 years. If during that time, the beneficiary does not violate any of the conditions, they may apply for permanent residence with the U.S. Citizenship and Immigration Services (USCIS).
To find out everything you need to know about the Conditional Green Card in the United States, keep reading this article. Jaskot Law brings you all the relevant information about the US Immigration Law so you don’t miss anything.
Understanding the Conditional Permanent Residency
The Conditional Permanent Residency is a temporary green card granted to certain spouses of U.S. citizens or permanent residents and/or investment visa holders. This card has a duration of 2 years instead of 10 years. This conditional permanent residency is subject to certain conditions that must be met in order to obtain permanent residence.
For example, it is necessary that the spouses have been married for at least two years at the time of application, which condition applies to ensure that the marriage is not fraudulent. If, on the other hand, the person holds an investment visa, it must be proven that they have maintained their investment plans in the country.
In addition, during the last 90 days of validity of the Conditional Green Card, it is crucial that a petition be filed to remove the conditions and obtain a permanent Green Card. Failure to take this step will result in the expiration of the conditional residency and the risk of being subject to deportation proceedings. You can use the USCIS filing calculator to find out the cancellation filing date.
Who can apply for a Conditional Permanent Residency?
Individuals who usually receive a Conditional Green Card are foreign spouses of U.S. citizens or lawful permanent residents and/or investors who have an active investment in the United States.
It is important to note that the application process for a Conditional Permanent Residency may vary depending on each applicant’s individual situation. However, such applicants must demonstrate that they meet the financial and good moral character requirements established by U.S. immigration law at all times.
What does it mean to remove the conditions of your permanent residency?
Removing the conditions for permanent residency is a relevant process for Conditional Green Card holders who want to obtain permanent residency in the United States. This applies to those who obtained residency through marriage or investment.
By eliminating these conditions, the individual obtains a Green Card with no expiration date, providing greater stability and security in their immigration status. To remove the conditions for permanent residence, it is required to demonstrate that the marriage is still valid or that the investment remains active and complies with the established requirements.
How are the conditions of the Conditional Green Card removed?
In order to remove the conditions of a Conditional Green Card, and thus be able to petition for permanent residency in the United States, it is necessary to determine the correct process to follow.
We must take into account that there are two types of Conditional Green Cards, those granted for marriage and those granted to people who have decided to make an investment in the United States (EB-5 immigrant investors). Once the type of Conditional Green Card has been determined, the appropriate removal of conditions application must be filed with the U.S. Citizenship and Immigration Services (USCIS).
Spouse of U.S. citizen
To remove the conditions of the marriage-based Conditional Green Card, it is essential to file this application within 90 days prior to the expiration of the card. In order to do so, the following must be filed together Form I-751, Petition to Cancel Conditions on Residency, must be filed jointly with USCIS.
This petition must be filed along with evidence that the marriage on which the Green Card was based is still valid and genuine, and that the applicant and spouse are still actively building a life together. If after review of the case, USCIS approves the removal of the conditions, the beneficiary will obtain a Green Card renewable in 10 years.
Immigrant investor
To remove the conditions of a Conditional Green Card, which has been granted to an immigrant investor, it is necessary to file Form I-829, Application of an Investor Entrepreneur for Removal of Conditions, must be filed with the U.S. Citizenship and Immigration Services (USCIS).
This application must be submitted along with documentary evidence that the investment made complies with the requirements established by USCIS, including the creation of employment for U.S. workers. Upon review of the case, and approval of the request for removal of conditions, the beneficiary will obtain lawful permanent residence in the United States.
What happens if the marriage is dissolved before two years?
If the marriage is dissolved before the petitioner has been married for two years, the petitioner may still apply for removal of conditions on their conditional permanent residence in the United States. For this, the petitioner needs to file the form jointly with the citizen spouse and demonstrate that the marriage was consolidated in good faith.
In addition, the applicant must submit with their application a copy of the final divorce decree, or document that supports the dissolution of the marital union. Along with this, evidence that steps were taken to save the marriage prior to the commencement of the divorce proceeding must also be presented.
Denial of application and elimination of conditions
In many cases, the denial of the application is due to errors in the documentation submitted or lack of sufficient evidence to demonstrate the immigrant’s eligibility for the removal of conditions. This is one of the reasons why following all steps and comply with all requirements arranged by the U.S. Citizenship and Immigration Services becomes crucial.
What happens if your cancellation request is denied?
If the request for cancellation of a Conditional Green Card is denied, the applicant should be aware that, at this time, it is not possible to appeal the decision made by the U.S. Citizenship and Immigration Services.
After the decision is made, USCIS will provide you with a notice to appear before the court in removal proceedings. It is important to seek legal advice to assess whether there are other options available, such as filing motions for reconsideration.
What happens if you do not remove the conditions of your conditional permanent residence?
The validity of a Conditional Green Card is two years, and once that time has elapsed, the residency will expire. When the conditional permanent residence is not valid, the holder of the conditional permanent residence is subject to deportation.
Once a person has been deported, USCIS may bar the person from entering the United States for years. It is crucial, in this case, to respect the immigration laws and to have the legal assistance of an immigration attorney to file the application for cancellation of conditional permanent residence correctly.
How can an experienced immigration lawyer help?
An experienced immigration attorney can be instrumental in helping conditional permanent residents cancel such status and obtain permanent residency in the United States. This process can be complicated and requires compliance with certain requirements established by U.S. immigration law.
An immigration law attorney can help review the case and take the appropriate steps to effectively resolve the situation. In addition, an experienced immigration attorney can evaluate a client’s eligibility for cancellation of conditional permanent residence, identify potential obstacles or complications in the process, and offer effective solutions to overcome them.
Frequently Asked Questions
What is a Conditional Green Card and how long is it valid?
The Conditional Green Card is a form of temporary residency granted to certain spouses of U.S. citizens or permanent residents, as well as to holders of investment visas. It is valid for 2 years instead of the 10 years of a normal Green Card. During this period, certain conditions must be met in order to apply for permanent residence.
How is the Conditional Green Card condition removed?
To remove the conditions of the Conditional Green Card and qualify for permanent residency, the appropriate forms must be filed with the USCIS. In the case of marriages, the continued validity of the union must be demonstrated. For investors, the investment activity must be proven.
What happens if the conditions are not removed before the Conditional Green Card expires?
If the conditions are not removed before the Conditional Green Card expires, the holder runs the risk of being faced with deportation proceedings. It is crucial to comply with the established deadlines and requirements to avoid negative immigration consequences.
What happens if the application for cancellation of the Conditional Green Card is denied?
In case the cancellation request is denied, the applicant may face the possibility of deportation. It is essential to seek legal advice to explore additional options, such as filing motions for reconsideration, and to take steps to protect immigration status in the United States.
