What is Conditional Permanent Residence?
What is Conditional Permanent Residence?
If you are receiving your green card due to a family immigration petition, marriage, or the entrepreneurs and investors program then there will initially be conditions upon your permanent residence status.
For marriage-based green cards, your status is conditional until you prove that you did not enter the marriage solely to receive an immigration benefit. This means at the end of the two-year period you have to show that you’re still married to the same US citizen or lawful permanent resident.
If you are an immigrant with children who received a green card after you married their step-parent then your children will also have conditional status contingent upon the continuation of your marriage.
To remove conditions you’d file a Form I-751.
Investors are merely affirming that they’ve met the two-year residence requirements. They can get an adjustment of status with an I-485 if they live in the United States already or a DS-260 form with a US Consulate or US Embassy if they are not.
What happens if you get a divorce while applying to remove conditions?
The government will request a copy of the divorce certificate. You should consult with an attorney if this is happening to you, however, as it can threaten the status of your green card.
Can I work while waiting for conditional status to be removed?
As long as you file your forms on time you should be able to continue working as normal. For example permanent resident filing form I-751 will have their status extended for another two years just for filing their application properly.
The government may need all that time just to get the conditions removed, but you will remain legally capable of continuing to live and work in the United States.
How do I check the status of my petition?
You can check your status online by using the USCIS case status page. You will need a copy of your receipt number.
Will I need another interview?
It depends. In many cases the government will require an additional interview. Your immigration attorney may attend this interview with you, and can certainly prepare you for it in a way that will help you improve your chances of success.
How can I appeal a decision?
Your attorney can help you through the process. If your petition is unsuccessful you may receive a Notice to Appear and the government may begin removal proceedings. Your attorney will need to help you begin the cancellation of removal process.
See also:
Will You Be Deported After Your Divorce?
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