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What is conditional permanent residence?

On Behalf of | Apr 14, 2021 | Immigration And Naturalization

While the term “permanent residency” does indeed contain the word permanent, there are some situations where permanent residency status is temporary. In fact, many Green Card recipients start their time in the US as a “temporary permanent resident.”

If you have conditional permanent residence, this means that you have a green card that is good for 2 years. The majority of conditional permanent residence situations happen as a result of marriage or entrepreneur status.

What are the conditions?

Whether you have conditional permanent residence due to marriage or entrepreneur status mean the same thing functionally. This means that your initial Green Card is only good for two years. Once you enter the final 90-day period of your conditional permanent residence, you must then apply for a non-conditional Green Card.

If you are in the US due to marriage to a US citizen, you will need to fill out Form I-751 to remove your conditions of residency. If you are in the US due to entrepreneur status, you will need to fill out Form-829.

What if I divorce my US spouse during this time?

Many persons worry about their immigration status if they happen to separate from the US spouse during their period of conditional permanent residence. The reality is that whether or not you will be able to stay in the US depends on your situation. Particularly if the reason for your marriage failing is the fault of the US spouse (for example, if your US spouse committed infidelity), then you are more likely to be able to stay in the US.