Empowering Your Dreams

Happy family playing with kids

Empowering Your Dreams

  1. Home
  2.  → 
  3. Immigration
  4.  → What is conditional permanent residence?

What is conditional permanent residence?

Most people would imagine that anything with the word “permanent” in it would imply that the matter in question would not change. However, this is not the case for a “conditional permanent” resident of the United States.

“Conditional permanent residence is” a Green Card that is only valid for 2 years. According to US Citizenship and Immigration Services, persons receive conditional permanent residence if they have the right to reside in the United States through marriage or investment-based entrepreneurship.

How can I remove the conditions if I have a Green Card through marriage?

You will need to file Form I-751 jointly with your U.S. citizen spouse. You must do this 90 days before the conditional Green Card expires. Essentially, the US government wants to make sure that the marriage you have with your U.S. citizen spouse is genuine. This is why the first Green Card the US government issues for marriage is conditional.

In the event that you and your U.S. citizen spouse have separated, it is still possible for you to file Form I-751 individually and keep your Green Card status. A lot will depend on the terms your marriage ended on: if the U.S. citizen spouse was the one to initiate the marriage ending or was cheating, this will help your case.

How can I remove the conditions if I have a Green Card through entrepreneurship?

If the U.S. government gives you permission to reside in the United States through investment-based entrepreneurship, you will also have 2 year conditional permanent residency status. Removing it is similar to the process for a spouse: the entrepreneur must fill out Form I-829 90 days before the temporary Green Card expires.