Helping Families Stay Together

What is conditional permanent residency?

On Behalf of | Oct 23, 2024 | Green Card

Conditional permanent residency is a temporary immigration status granted to individuals who obtain their green cards through specific pathways, such as marriage to a U.S. citizen or lawful permanent resident (LPR). It is aimed at preventing fraud and ensuring the individual’s lawful and legitimate presence in the country.

If you marry a U.S. citizen or LPR, conditional permanent residency is typically granted when the marriage is less than two years old at the time of application. This is meant to verify that the marriage is genuine and not solely for immigration reasons. You will receive a two-year green card that you must renew before it expires.

Removing the conditions

To transition from conditional to permanent residency under a marriage-based green card, you must file the necessary paperwork (Form I-751) 90 days before the second anniversary of obtaining it. This process is known as ”removing conditions”. 

The USCIS will review the evidence you submit to determine if the relationship is genuine before granting you a permanent green card valid for ten years. It helps to note that strict deadlines apply when removing conditions on your permanent residency, and you should be careful not to miss them.

What if you don’t remove the conditions?

You could face deportation if you fail to remove conditions on time or your application to do so is denied. This is because you would lose your immigration status if you are no longer considered a permanent resident. In such cases, your continued stay in the country could become unlawful.

Navigating such immigration complexities alone can be challenging due to the formalities and documentation involved. Seeking personalized legal guidance can help you understand your rights, responsibilities and options for maintaining your immigration status while protecting your interests.