A conditional resident is an individual who has been granted temporary residency in a country, subject to certain conditions. This status is typically granted to spouses of citizens or permanent residents, based on a marriage that is less than two years old at the time of application. The conditional resident is given a two-year period to prove that the marriage is genuine and not solely for immigration purposes. During this time, they must file a joint petition to remove the conditions on their residency. If the petition is approved, the conditional resident becomes a permanent resident. However, if the marriage ends in divorce or is found to be fraudulent, the conditional resident may face deportation.
A conditional resident is an individual who has been granted lawful permanent resident status in the United States, but with certain conditions attached to their residency. These conditions typically arise from a marriage-based green card application or an investment-based visa.
Conditional residency lasts for a period of two years. During this time, the conditional resident must fulfill certain requirements to remove the conditions and obtain permanent residency.
To remove the conditions on your residency, you must jointly file Form I-751, Petition to Remove Conditions on Residence, with your spouse if your residency is based on marriage. If you are no longer married, you may file a waiver of the joint filing requirement.
If you are no longer married to the U.S. citizen or permanent resident who sponsored your conditional residency, you may file a waiver of the joint filing requirement. However, if you are still married, you must file the petition jointly with your spouse.
If you fail to remove the conditions on your residency within the required timeframe, your conditional residency status will automatically terminate. You may then be subject to removal proceedings and could potentially be deported from the United States.
Yes, you can travel outside the United States while your conditional residency is pending. However, you must ensure that you have the necessary travel documents, such as a valid passport and a valid conditional green card, to re-enter the country.
Yes, as a conditional resident, you are authorized to work in the United States. You can obtain a Social Security number and seek employment opportunities just like any other lawful permanent resident.
No, you cannot apply for U.S. citizenship as a conditional resident. You must first remove the conditions on your residency and obtain permanent residency before you become eligible to apply for citizenship.
Yes, as a conditional resident, you can sponsor certain family members for immigration benefits. However, the process and eligibility requirements may vary depending on your specific circumstances. It is advisable to consult with an immigration attorney for guidance.
If your marriage ends in divorce during the conditional residency period, you may still be eligible to remove the conditions on your residency by filing for a waiver of the joint filing requirement. However, you must be able to demonstrate that the marriage was entered into in good faith and not solely for immigration purposes.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
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