A conditional permanent resident is a status where a citizen is about to get a permanent residency right. It is like a temporary green card that the government issues for the person who gets married to the USA’s green cardholder.
But the period of such marriage is not exceeding more than two years in such conditions, the government issue such person a conditional permanent resident.
Keep in mind that the conditional permanent resident can only be valid for the time of two years.
Once the period is expired, you will have to get a conditional permanent resident to remove.
Permanent Residence And Conditional Permanent Resident
Most people get confused and consider these terms in the same way. But there are differences from each other. In a permanent residence, the person will have a green card with an expiry of ten years.
When the card gets expires, the cardholder does not need to go through any long process to get a new green card.
He will just have to file a Form I-90 as soon as the card is expired and the USCIS issues a new green card.
However, when a person is on a conditional permanent resident, he will have it for two years and have to apply for a permanent green card upon the expiration of the card.
Form I-751, you should file with the necessary documentation. The process may take some time and a fee too.
Other than that, there are no major differences between both of the cardholders.
Privilege Of A Conditional Or Temporary Green Card
A conditional permanent resident holder with a temporary green card can enjoy as many privileges as the permanent resident can have.
A person with having conditional residence can move into the country without any permit. He can do business in the country and have equal rights like a citizen of a country
So the temporary green card is the initial stage towards the permanent green card.
All you need is just to remove the condition necessary to get a permanent green card.
Process To Remove Conditional Status
A temporary green card is only for two years. Therefore you or your spouse will need to get a permanent green card.
The process of removing conditional status from the conditional permanent resident is very easy if your marriage is bona fide marriage.
The USCIS wants to confirm that the marriage still exists and lawful for the real purpose. The process of removing conditional status includes:
- The first step is to file a form I-751. This form is the most important and works as an application for getting a permanent residency.
- Keep in mind the green card removal of conditions timeline. It should be within a specific period. The role of time is as important that the government can refuse to give a green card based on that. You should file the form within 90 days before the expiration of a temporary green card.
- Form I-751 is a join application; therefore, you and your spouse should fill and submit it jointly. There should be the signature of both couples on the form for acceptance.
- The fourth step is the attachment of the evidence with your application. Evidence like photos of the family, children’s birth certificate if any, join account details, financial details that both couples are sharing. These types of evidence help the USCIS to determine that your case is genuine and give a permanent green card.
- Lastly, the attachment of a temporary green card copy with the application from both front and back sides. You will also have to pay a processing fee of $680.
Consequences Of Not Removing Conditions
A temporary green card is valid for only two years. Before the expiration of the card, the cardholder needs to get remove the conditions.
Otherwise, he will have to face many difficulties like being deported to the original country or charged the unlawful presence. Whatever the result might be but surely not in favor of a conditional resident.
When An Application Might Be Denied
The form i-751 getting permanent residence may be denied by the USCIS on the following basis:
Firstly, if the form is not complete and something is missing in the form, that is very important. In such a case, you will have to submit it again.
Secondly, the evidence you have provided proof that you and your spouse are living together with a happy life. Lack of evidence can lead to rejection.
Thirdly the case of getting a permanent residence is based on fraud. The purpose is to only get the immigration to the country. Therefore, the USCIS has complete authority to deny your green card request.
Frequently Asked Questions (FAQ)
What Is Conditional Permanent Resident?
A conditional permanent resident is a status where a citizen is about to get a permanent residency right. The government issues for the person who gets married to the USA’s green cardholder. But the period of such marriage is not exceeding more than two years in such conditions, the government issue such person a conditional permanent resident.
What is the difference between permanent residence and conditional permanent resident?
There is no major difference between the both from the perspective of rights and privileges both cardholders can do business and move where ever they want without any permit. However, In a permanent residence has an expiry of ten years and a conditional permanent resident has two years. To get renew both to submit form i-90 and i-751 respectively.
How do I know if I am a conditional permanent resident?
The conditional permanent resident card is issued to the people who got married to the citizen of the USA and the time period is less than two years. The USCIS issue such immigrants a conditional permanent resident with an expiry of two years. Therefore, it is easy to understand whether you are on conditional permanent resident or not.