Conditional Permanent Resident

Conditional Permanent Resident

A conditional permanent resident receives a green card that is valid for two (2) years. To remain a permanent resident, the person must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed, or the conditional permanent resident will lose the permanent resident status.

To remove the conditions on a green card based on marriage, the spouse must file a form with the USCIS to remove those conditions. An experienced immigration attorney at Luis F. Hess, PLLC with offices in Shenandoah, just north of The Woodlands, TX, can you remove any conditions on a green card so that the conditional resident can remain a permanent resident.

Attorney for the Conditional Permanent Resident in The Woodlands, TX

If you are a conditional permanent resident, contact an immigration attorney in Shenandoah, just north of The Woodlands, TX, if you have a green card that is only valid for two years and would like to remain in the United States. An attorney can help you file a petition to remove the condition during the 90 days before the card expires.

Call us to find out more about filing a petition to remove conditions on permanent residence based on marriage, or to remove conditions on permanent residence for entrepreneurs.

Contact our Shenandoah immigration attorney at Luis F. Hess, PLLC about your status as a conditional permanent resident. We represent clients applying for a green card on a family-basis or an employment basis throughout Montgomery County, TX.

Call (281) 306-5896 today to discuss your case.

Removing the Conditions of Residence After Marriage

A person’s status as a permanent resident would be conditional if he or she were married for less than two years on the day that he or she was given permanent residence. An individual may be granted permanent residence status on the date that he or she is lawfully admitted into the United States or when his or her immigrant status is adjusted.

An applicant’s spouse can petition to remove his or her spouse’s conditions on permanent residence during the 90 days before the conditional status expires. If the applicant is no longer married at the end of the two years conditional time period, then he or she can request a waiver of the joint filing provision.

In order to qualify for a waiver, the applicant must be able to show that he or she is:

  1. a widow or widower of a marriage that was entered into in good faith;
  2. is divorced, so long as the marriage was entered into in good faith; or
  3. is, or is the parent of a child who has been battered or subject to extreme hardship by the applicant’s spouse.

Additionally, if the termination of conditional resident status would cause extreme hardship, the applicant can ask for an exemption from this rule. But the applicant fails to remove his or her conditional status, then he or she may lose conditional status and face removal proceedings (often called “deportation”).

Additional Resources

Chapter 5 – Conditional Permanent Resident Spouses and Naturalization – Visit the website of the Department of Homeland Security and the U.S. Citizenship and Immigration Services to find the policy manual that explains the conditional permanent resident requirements for spouses. Find the general requirements for conditional permanent residents and why some spouses are eligible to naturalize without filing the petition to remove the conditions when their spouse is in the military or works abroad. Find information on what happens when the CPR spouse is admitted as alien entrepreneur and petitions to remove conditions.

Facing immigration concerns?

Whether you want to live in the US, get a US visa, bring your family, get employed, or legally stay in the country, our Shenandoah Immigration attorneys are here to help!

Immigration Attorney for the Conditional Permanent Resident in Texas

If you are late in requesting the conditional status removal, during the removal hearing you can explain why you failed to comply with this requirement during the time permitted for removing the condition.

Contact an experienced immigration attorney at Luis F. Hess, PLLC in Shenandoah, Texas to discuss naturalization, legal permanent residence status or adjustment of status.

Luis F. Hess’s office is located between Houston and Conroe, TX, in The Woodlands. He can help you or your spouse prepare to remove your conditional resident status. If you are no longer married, or if you failed to remove your conditional status during the time permitted, then it is particularly important to hire an immigration attorney to help you.

Call Luis F. Hess, PLLC at (281) 306-5896 today.

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