What is conditional permanent residence?

What is conditional permanent residence?

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Just as the name suggests, conditional permanent residence allows for permanent residence in the USA provided you meet certain conditions laid down by the USA Federal/State law and immigration law and regulations. 

Conditional permanent residence is a special residence provided for spouses of US citizens and lawful permanent residents of the USA. If you have been married to a USA citizen for less than two years, you will receive a conditional permanent residence. Also, if you have any children through marriage to a USA citizen/USA permanent resident, they will receive a conditional permanent residence. If you enter the USA via the Investor visa (EB5 Investor), then you will receive conditional residency in the USA. 

Difference between Conditional permanent residence and permanent residence in the USA? 

The main and distinct difference between a conditional permanent residence and permanent residence in the USA is the time period of the validity of the visa. 

A conditional permanent resident will receive a non-renewable green card that is valid for only two years instead of a permanent green card, which is renewable and valid for 10-year periods. However, with a conditional residency, you are allowed to work legally and live in the United States during the specified time period. 

To convert your conditional permanent residence to a permanent residence, you need to file a petition. The petition is on or before a period of 90 days to the expiry date of your conditional permanent residency. If approved by the authorities, you will then be able to receive a permanent residence free of any conditions and enjoy the benefits and privileges of being a permanent resident of the USA. Suppose your conditional permanent residence was due to marriage-based reasons. In that case, you will be required to prove that your marriage is real. And valid after the end of the two years. If approved successfully by the immigration authorities, you will be granted a permanent residence visa with all conditions removed. 

What happens of you don’t remove the conditions at the end of the two year period?

A conditional permanent residence visa is only valid for two years. At the end of the two-year period, if you fail to remove the conditions on your permanent residency, you will no longer be considered a residence of the USA. If you continue to live or work in the USA after your conditional permanence residency period has lapsed, you will be considered as living off illegally and may be considered for deportation, too if alerted to the authorities. Thus, failure to remove conditions at the end of the two year can have serious consequences such, as deportation or being prevented from entering the USA for three to ten years after you tried to leave and re-enter. 

Eligibility for Conditional Permanent Residency? 

Businessman, investors, and entrepreneurs who have entered the USA with a view of setting up operations in the USA that will benefit the USA in terms of better employment opportunities. And contributing to the overall development and GDP of the country will be granted conditional permanent residency that is valid for a period of 2 years. And can be renewed later on at the end of the two year period. 

The most common way of obtaining a conditional permanent residency is via marriage to a US citizen. The marriage needs to be a valid one that takes places in the USA or the country of the foreign national. And in both instances, you and your spouse need to have solid evidence of marriage. This is generally evidenced via a signed and notarized marriage certificate. 

Answers to Common FAQs

Compiled and listed below are answers to some of the frequently asked questions regarding conditional permanent residency which we believe will be helpful in answering your quick concerns and questions on this matter. 

1. How long does the conditional permanent residency last?

It is valid for a period of two years from the date of granting the conditional permanent residency. 

2. Is conditional permanent residency renewable? 

No, it is non-renewable. If you wish to continue staying in the USA after the date of expiry of your conditional residency you need to apply for permanent residency. 

3. Can you work in the USA with conditional residency?

Yes, you have the liberty to work with any employer anywhere in the USA under the conditional residency scheme. 

4. How many days prior to expiry of conditional permanent residence should you file a petition to apply for permanent residency in the USA?

You need to file a petition 90 days prior to the expiry or lapse of your conditional residency in the USA. 

5. Are businessman and investors eligible for a conditional permanent residence in the USA?

Yes, they are eligible for a conditional permanent residence under the EB5 Investor visa. 

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group.

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