What is conditional permanent residence?
NOV 11, 2021

Some of my clients come to the office with a question: their permanent residence card expires in two years and not in ten like others. When they went through the adjustment of status process, they did the same process as some of their friends or family, but in those cases the green card is valid for ten years and theirs are not. Which is the reason? If you are in this case, the answer to this question is simple: you are a conditional permanent resident.

A conditional permanent resident is an immigrant who obtained their green card through marriage to a United States citizen, and at the time they applied for permanent residence, they had not been married for more than two years.

Conditional permanent residents have the same duties and rights as permanent residents, the only difference is that they must remove the conditions of their residence two years after it was acquired. The reason you are granted permanent residence with conditions is that the marriage is recent, it could end, and because it is necessary to show that the marriage was not for immigration reasons either.

Within 90 days prior to the expiration of your permanent residence card, you must submit a request to remove the conditions of your residence. During this process, similar to the family petition, the couple must provide USCIS with evidence that the marriage is real. The petition to remove the conditions of the residence must be signed by both spouses.

If during these two years, the couple separated, it will be necessary to prove to USCIS two things: that the marriage was made in good faith and that you will suffer extremely if the conditions of your residence are not removed. In practice, the process becomes a bit more complex and lengthier, if the person is not married.

It is very important that, once the time has come to remove the conditions of your permanent residence, you do it, otherwise, once your green card expires, USCIS will terminate your status as a permanent resident of the United States.

The request for the removal of the conditions of conditional permanent residence is a subject that touches two areas of law: immigration and family. In our firm we work both immigration cases and family cases. Here, we can help you obtain your immigration status. In Y. Morejon Attorney, P.A. his problem is our problem.

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