apply for a conditional permanent resident

A conditional permanent resident receives a green card valid for 2 years. The person is given conditional resident status on the day he/she is lawfully admitted to the United States on an immigrant visa, or receives adjustment of status were he/she to stay in the U.S.

conditional permanent resident

A conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires in order to remain a permanent resident. The conditional card cannot be renewed. The conditions must be removed or the person will lose the permanent resident status.

 

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When to apply for Removal of Conditions on Permanent Residence?

To remove the conditions of residence you must file Form I-751. Also, one of the following conditions must take place:

  • A U.S. citizen or a permanent resident and his spouse must apply together to remove the conditions on the spouse’s residence during the 90 days before the second anniversary as a conditional resident. If they do not apply to remove the conditions in time, the alien spouse could lose his conditional resident status and be removed from the U.S.
  • If the marriage becomes not viable, the petition to remove the conditions of residence shall not be denied provided that the conditional resident can show that the marriage was entered into in good faith and
  • If the conditional resident has been battered or abused by his U.S. citizen or permanent resident spouse, the alien may apply to remove the conditions on his permanent residency at any time after he becomes a conditional resident, but before he is removed from the U.S.
  • If the couple is divorced, the alien may also apply to remove the conditions on his permanent residence at any time after he becomes a conditional resident.

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