Dhade & Associates, PC

Conditional Permanent Residence

An immigrant is classified as holding conditional permanent resident status if they have only been married for a period of less than two years to a U.S. Citizen or permanent resident, when they are granted permanent residence by UCSIS. The underlying purpose of granting these individuals permanent residence on a conditional basis is to satisfy USCIS that the marriage is actually “bonafide,” or in other words, the marriage was not entered into for the sole purpose of obtaining permanent residence, and later, citizenship.

The conditional status on the permanent residence of such individuals may be removed in certain instances. Some of these instances include the following:

1. If after two years of conditional status, the conditional permanent resident is still married to the same U.S. citizen or permanent resident;
2. The conditional permanent resident is now a widow or widower who embarked into the marriage in good faith;
3. The conditional permanent resident entered into the marriage in good faith, but subsequently received a divorce/annulment from the U.S. Citizen or Permanent Resident; or
4. The conditional permanent resident entered into the marriage in good faith, but subsequently was subject to domestic violence or was battered.

In most instances the conditional permanent resident and the spouse must jointly apply to remove the conditions placed on permanent residency after spending two years as a conditional permanent resident. An application to remove the conditions may and should be filed 90 days before satisfying two years in conditional status. Applying before the conditional permanent resident status period of two years is reached, is essential, as it is the validity period of the green card, and failing to apply to remove the conditions may result in loss of permanent resident status in its entirety, resulting in potential removal from the U.S.

In instances where the marriage has failed or for widowers, the joint filing will be waived. In these situations, one may apply to remove the conditions on the permanent residency at anytime, and especially before they are removed from the country.

For more information see www.uscis.gov. If you are a conditional permanent resident in the U.S., please contact our office for assistance in applying to remove the conditions on your permanent resident status.