Which Family Members Receive Conditional Residence Before Permanent Residence, and What’s Next?
If you’re sponsoring a family member for U.S. residency, you may have heard about “conditional residence.” This status applies to certain family-based immigrants before they can qualify for permanent residence (a green card). But what does it mean, who gets it, and what’s the process for removing the condition? Let’s break it down.
What Is Conditional Residence?
Conditional residence is a temporary two-year status granted to certain family members applying for U.S. permanent residence. It’s common in marriage-based green card cases, where the marriage is less than two years old when the green card is approved. This rule ensures the marriage is genuine and not solely for immigration purposes.
Which Family Members Qualify for Conditional Residence?
Here’s a quick overview:
- Spouses: If your marriage is less than two years old when your spouse’s green card is approved, they will receive conditional residence instead of permanent residence.
- Stepchildren: If a U.S. citizen or permanent resident petitions for their stepchild and the stepchild’s relationship to the petitioner is based on a marriage less than two years old, the stepchild will also receive conditional residence.
Key Point: The two-year period is based on the approval date of the green card, not the date you file the application.
What Happens After Two Years?
Conditional residents must file a petition to remove the conditions before their two-year status expires. This process ensures they can transition to complete permanent residence.
Steps to Remove Conditions:
- File Form I-751:
- Spouses and stepchildren must jointly file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the conditional status expires.
- Prove the Relationship Is Genuine:
- You must provide evidence that your marriage wasn’t for immigration purposes. Examples include joint financial accounts, lease agreements, photos, and affidavits from friends or family.
- USCIS Review:
- The U.S. Citizenship and Immigration Services (USCIS) will review the petition and sometimes require an interview to verify the relationship.
What If the Marriage Ends?
If the marriage ends before the conditions are removed (due to divorce, annulment, or death), the conditional resident can still apply to remove them but must file Form I-751 with a waiver. This requires proving the marriage was entered in good faith despite its termination.
What’s Next After Conditional Residence?
Once the conditions are removed, the individual becomes a lawful permanent resident (LPR). This status allows them to live and work in the U.S. permanently, travel abroad, and eventually apply for U.S. citizenship after meeting eligibility requirements.
Conclusion
Conditional residence is essential for certain family-based green card applicants, especially those recently married. By understanding the process and preparing for the following steps, you can smoothly transition to permanent residence. For specific legal advice, please schedule a consultation with one of our experienced immigration lawyers.
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