What Is Conditional Permanent Residence?

Conditional permanent residence is a type of immigration status that allows an individual to live and work permanently in the United States, but only for a specific period of time. This status is typically granted to individuals who are married to a U.S. citizen and have been married for less than two years at the time of their admission to the United States.

To qualify for conditional permanent residence, an individual must be sponsored by their spouse, who must be a U.S. citizen. The sponsoring spouse must also file an immigrant petition on behalf of the conditional permanent resident. In addition, the couple must be able to demonstrate that their marriage is genuine and not just a means of obtaining immigration benefits. Read this other article.

After receiving conditional permanent residence, an individual must file a petition to remove the conditions on their residence within 90 days of the expiration of their two-year conditional permanent residence period. This petition must be filed jointly with the sponsoring spouse, unless the couple is no longer married or the sponsoring spouse has died.

If the petition to remove the conditions on residence is approved, the individual will be granted permanent residence and will be able to apply for naturalization (citizenship) after meeting the requirements for naturalization. If the petition is denied, the individual may be placed in removal proceedings (deportation) and may be required to leave the United States.

Conditional permanent residents are subject to the same laws and regulations as other permanent residents, including paying taxes, maintaining a valid immigration status, and not committing crimes that would make them removable from the United States.

There are several reasons why an individual may be denied a petition to remove the conditions on their residence. These may include a failure to file the petition within the required timeframe, a failure to demonstrate that the marriage is genuine, or evidence of fraud or misrepresentation in the application process.

If the couple is no longer married or the sponsoring spouse has died, the conditional permanent resident may still be able to remove the conditions on their residence if they can demonstrate that the marriage was entered into in good faith and was not solely for the purpose of obtaining immigration benefits.

It is important for individuals with conditional permanent residence to seek the assistance of an experienced immigration attorney if they have any questions or concerns about their status. An attorney can help them understand their rights and options, and can provide guidance on the process of removing the conditions on their residence.

In summary, conditional permanent residence is a type of immigration status that allows an individual to live and work permanently in the United States for a specific period of time. To qualify, an individual must be sponsored by a U.S. citizen spouse and must be able to demonstrate that their marriage is genuine. 

After the two-year conditional permanent residence period, the individual must file a petition to remove the conditions on their residence in order to maintain their permanent resident status. If the petition is approved, the individual can apply for naturalization and become a U.S. citizen. If it is denied, the individual may be placed in removal proceedings and may be required to leave the United States.