Conditional Permanent Residence
If a person is the spouse of a U.S. citizen or a permanent resident and the marriage occurred less than two years before the alien spouse is admitted as a U.S. permanent resident, the permanent resident status is conditional. The alien spouse is given conditional resident status on the day he or she is lawfully admitted to the United States on an immigrant visa, or receives an adjustment of status were he or she to stay in the U.S.
Removal of Conditions on Permanent Residence
Immigration laws presume that marriages that occurred less than 2 years before the alien spouse was admitted as a U.S. LPR aremarriages entered into solely for the purposes of acquiring immigration benefits. The petitioning citizen or resident and the conditional resident must prove that they did not get married to evade the immigration laws of the U.S.
1. A U.S. citizen or a permanent resident and his spouse must apply together to remove the conditions on the spouse's residence. They should apply during the 90 days before the spouse’s second anniversary as a conditional resident. Usually, the expiration date on the alien spouse's green card is also the date of his second anniversary as a conditional resident. If they do not apply to remove the conditions in time, the alien spouse could lose conditional resident status and be removed from the U.S.
2. If the conditional resident has been battered or abused by his U.S. citizen or permanent resident spouse, the alien may apply to remove the conditions on his permanent residency at any time after he or she becomes a conditional resident, but before removal from the U.S.
3. If the marriage becomes not viable, that is, the couple is separated or no longer shares a household, the petition to remove the conditions of residence shall not be denied provided that the conditional resident can show that the marriage was entered into in good faith and with a genuine desire for a marital relationship and not solely for immigration purposes.
4. If the couple is divorced, the alien may also apply to remove the conditions on his or her permanent residence at any time after he or she becomes a conditional resident, but before he or she is removed from the U.S.
5. If the alien spouse's child received conditional resident status within 90 days after the alien spouse did, then the child may be included in the alien's application to remove the conditions on permanent residence. However, the child must file a separate application if the child received conditional resident status more than 90 days after the alien spouse did.
(Updated 10/8/2012 by AG)
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