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Permanent residence is an immigration status that certain foreigners can obtain in the United States, provided they fall into one of the eligibility categories and meet the requirements set out. This authorization allows them to live, study, and work in the United States.
Within this system, there is also conditional permanent residence, which is valid for two years, instead of the 10 years that traditional permanent residence lasts. To keep this status, holders must complete a specific process, different from renewal, before the deadline expires.
Who is considered a Conditional Permanent Resident?
U.S. Citizenship and Immigration Services (USCIS) considers conditional permanent residents to be those who obtained their immigration status through marriage to a U.S. citizen or a lawful permanent resident if they had been married for less than two years when they were admitted to the country on an immigrant visa.
This measure stems from the 1986 immigration marriage fraud amendments, which were intended to deter fraudulent marriages entered into for the purpose of obtaining permanent residence.
For this reason, once the required period has passed, holders must apply to have the conditions on their residence removed. During this process, USCIS determines whether the marriage was entered into in good faith and whether the applicant meets the eligibility requirements. If both conditions are met, the agency will remove the restrictions and grant unconditional permanent residence. Otherwise, the card will be invalidated and immigration status revoked.
What requirements must a conditional permanent resident meet?
According to the fact sheet on family-based conditional permanent residence, certain requirements must be met to keep immigration status:
- Prove the marriage was entered into in good faith: The agency must verify that the union was legitimate and not intended to secure immigration benefits.
- File Form I-751: The holder must request removal of the conditions on their residence within the 90 days before the card expires.
- Meet eligibility requirements: USCIS reviews the documents submitted to determine whether the conditions should be lifted.
- Report changes in marital status: If the marriage legally ends in divorce or annulment while the joint petition is pending, the agency must be notified. In certain cases, the petition can be amended to be filed individually.
When should Form I-751 be filed?
To apply to have the conditions on a permanent residence based on marriage removed, Form I-751 must be filed during the 90 days before the conditional resident card expires.
Once USCIS reviews the documents and verifies that the relevant requirements have been met, it may remove the conditions on the immigration status and issue a 10-year permanent resident card. From that point on, the holder may apply for renewal with Form I-90.
What can happen when someone loses permanent resident status?
When a person receives conditional permanent residence, they must apply to have the conditions removed within the established deadline to keep their immigration status.
If they do not complete this process and do not qualify for one of the exceptions provided, they can lose permanent residence and become subject to deportation proceedings in the United States.