What is Conditional Permanent Residence?
September 11, 2018
If you have sought permanent residence based on a marriage that is less than two (2) years old at the time you were issued a permanent resident card, your permanent residence is conditional and your card will be valid for only two (2) years. In order to stay a permanent resident, you must file a Petition to Remove the Conditions of Residence with USCIS.
If you are still married to the spouse through whom you received the permanent resident card, you must file the petition during the ninety (90) days immediately preceding your card’s expiration. If you do not, you may lose your permanent resident status and be removed from the United States.
If you are no longer married to the spouse through whom you received the permanent resident card, either because of divorce or death, or if you have been battered or abused by your spouse, you must file the same petition, seeking a waiver of the joint filing requirement. Waivers are available for a variety of different reasons. Ideally, the petition should still be filed on or before the expiration of your permanent residence card, but USCIS will accept late individual or waiver filings. That being said, if no petition has been filed and your permanent resident card has expired, you may be removable from the United States.
If the conditions are successfully removed, you should receive a new permanent resident card with an expiration date ten (10) years into the future.
There are a multitude of issues that can arise in the context of filing a Petition to Remove the Conditions of Residence, even in a seemingly straightforward case. For that reason, it is always advisable to consult an immigration attorney prior to taking action.
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