What is conditional permanent residence?

Posted On Friday, 26 March 2021 20:44

America may have more COVID cases than any other country in the world, and there are people from South and Central America that might argue that our hospitality skills leave something to be desired. 

Still, many people come to the U.S. every year seeking permanent residence and even citizenship. Before a person becomes a resident, they will normally need to obtain conditional permanent residence status. 

When a person is a conditional permanent resident, they will receive a temporary green card that is good for only two years. They will need to apply for a permanent green card if they wish to continue to live and work in the United States. An immigrant should apply for their permanent card three months before their conditional card is about to expire.

Types of Green Cards

There are several different reasons the United States government issues green cards. One of the most common is for employment purposes. 

People who have extraordinary abilities in science, multilingual managers, and college professors have first dibs on these cards.  Foreigners with advanced degrees are second in line, and skilled workers and professionals will have the hardest time qualifying for a card. 

Generally, people who come to the states for work will get a green card with no conditions on it. However, people who invest large amounts of money in a United States business may be issued a conditional green card.

American citizens who have family members abroad can sponsor their immediate relatives for a conditional card. A citizen can sponsor their spouse or any unmarried children they may have who are under 21. A citizen who is 21 or older may sponsor their parents.

Forms to Remove Conditions

If an immigrant wants to remove conditions on their green card and they are here because of marriage, they must fill out an I-751 form. There is a $595 fee to apply. They must also have a biometric profile done, and they will have to pay an $85 processing fee for it. 

A person will normally have an interview to prove that their marriage is bona fide when they first apply for a card. If they should divorce during the time of the conditional permanent residence, the immigrant may not be granted a permanent card. 

There are some exceptions to the rule. If a person can prove that they divorced because they have been abused, they may be able to stay in the country if they can prove the abuse.

If the conditional card was issued to an entrepreneur/investor, they would have to fill out an I-829 form if they wish to get a permanent card. They will have to pay a $3,750 fee as well as a $170 biometrics processing fee.

It is expensive and time-consuming to get a conditional green card and even more so to get a permanent card. It is very important to get an attorney who is familiar with immigration law. They will know all the common pitfalls that people experience when attempting to get a permanent card.

America may not be perfect. It may have gained a blemish or two over the last several years. However, its beauty, mix of cultures, and sophistication are still alluring to millions of people. Read more here.

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