What Is Conditional Permanent Residence?

While new immigrants can stay in the United States, they may be subjected to certain conditions. Some may only be allowed to live and work for a specific period of time. One of them is a conditional permanent residence. Read on to learn more about it and how an immigration attorney helps.

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. This status is typically granted to those who are married to a U.S. citizen. They need to 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 demonstrate that their marriage is genuine and not just a means of obtaining immigration benefits.

What Happens After Getting A Conditional Permanent Residence?

After receiving conditional permanent residence, an individual must 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 residency is approved, the individual will be granted permanent residence. They can then apply for naturalization after meeting the requirements for naturalization. If the petition is denied, they may be placed in removal proceedings and required to leave the United States.

Related Laws & Conditions

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 that 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. They can do this by demonstrating that the marriage was entered into in good faith and was not solely to obtain immigration benefits.

Seek An Immigration Lawyer’s Help

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 immigration lawyer can help them understand their rights and options. They can also provide guidance on removing the conditions on their residence. Lincoln-Goldfinch Law and its team of immigration lawyers in Austin have years of experience in dealing with residency cases. They can help increase your chances of getting permanent residency.

Summary

Conditional permanent residence is an immigration status that allows you to live and work in the United States for a specific period. To qualify, a U.S. citizen spouse must sponsor you and demonstrate that your marriage is genuine. 

After the two-year conditional permanent residence period, you must petition to remove the conditions on the residence to maintain your permanent resident status. To better your chances of getting a full permanent residency, seek the assistance of an immigration lawyer. They can walk with you on your journey to legally stay in the United States.

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.