What Is Conditional Residence?

The U.S. immigration system offers various pathways for foreign nationals to live and work in the country. One such path involves becoming a Lawful Permanent Resident (LPR). However, in certain situations, a Conditional Permanent Resident status is granted instead. This status is temporary and requires further action to convert it into permanent residency. Understanding conditional residence, its purpose, eligibility, and the process for removal of conditions is essential for immigrants and their families.

Purpose of Conditional Residence

Conditional residence is designed to prevent immigration fraud and ensure that applicants meet specific legal criteria over time. It commonly applies in marriage-based green card cases and certain investment-based immigration pathways.

The two main purposes include:

1. Verifying the legitimacy of a marital relationship, particularly when the marriage is less than two years old at the time of green card approval.

2. Confirming the sustainability of an EB-5 investment, when the immigrant investor applies for a green card.

This “probationary” period allows the U.S. Citizenship and Immigration Services (USCIS) to review whether the conditions under which the residency was granted continue to exist.

Who Qualifies for Conditional Residence?

You may be granted Conditional Permanent Resident status if:

1. You Married a U.S. Citizen or Green Card Holder

• The marriage was less than two years old at the time your green card was approved.

• Both spouses must file jointly to remove the conditions after two years.

2. You Are the Child of a Conditional Resident

• You received your status through a parent’s marriage to a U.S. citizen or permanent resident.

3. You Are an EB-5 Immigrant Investor

• You made a qualified investment in a U.S. business and created or preserved at least 10 full-time jobs.

These groups receive a 2-year conditional green card, rather than the standard 10-year green card.

Description of Conditional Residence

Conditional residence is essentially temporary permanent residency. During the 2-year conditional period:

• You can live and work in the United States.

• You enjoy most of the benefits of a regular green card holder.

• However, you must petition to remove conditions within 90 days before your 2-year green card expires.

Failure to remove conditions can lead to loss of status and deportation.

Legal Rights of Conditional Residents

Despite being conditional, residents have legal rights:

• Work authorization without the need for a separate employment permit.

• Travel rights using the green card and passport.

• Path to citizenship (after meeting time and residency requirements).

However, conditional residents are not immune from deportation and must adhere strictly to U.S. immigration rules.

The Process to Remove Conditions

To transition from a conditional green card to a permanent green card, you must file to remove conditions during the 90-day window before your conditional card expires.

For Marriage-Based Cases:

• Form I-751: Petition to Remove Conditions on Residence.

• Both spouses must jointly file, unless there’s a waiver for abuse, divorce, or hardship.

• Evidence of bona fide marriage must be included (e.g., joint leases, taxes, photos, kids’ birth certificates).

For EB-5 Investors:

• Form I-829: Petition by Investor to Remove Conditions.

• Evidence of maintaining the investment and meeting job creation requirements must be submitted.

USCIS will review and may schedule an interview. If satisfied, they will issue a 10-year green card.

What If You Miss the Deadline?

Missing the deadline to file can result in automatic termination of residency and initiation of removal proceedings.

However, USCIS allows late filings with a valid reason, such as:

• Serious illness

• Natural disasters

• Legal misguidance

You’ll need to submit a written explanation along with your form.

Common Mistakes to Avoid

1. Failing to file on time – Always file within the 90-day window.

2. Insufficient documentation – Provide robust, verifiable evidence.

3. No legal help – Immigration law is complex; professional help makes a difference.

4. Relying on online advice alone – Each case is unique. General advice may not apply to your situation.

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Why Accura Immigration Firm?

At Accura Immigration Firm, we understand the emotional and legal weight of conditional residence. Many clients come to us confused, fearful, or unsure of their next steps. Our mission is to simplify the complex immigration process and help families and individuals secure their future in the U.S.

Our Firm's Values

• Compassionate Approach: We listen, guide, and advocate.

• Precision: We provide accurate filings, tailored strategies, and responsive legal support.

• Experience: Our attorneys have handled hundreds of successful removal of condition cases.

We help clients submit airtight I-751 and I-829 petitions that stand up to scrutiny. From gathering evidence to representing you in interviews or appeals, we ensure nothing is overlooked.

When to Contact Accura Immigration Firm

You should contact us if:

• Your conditional green card is nearing expiration.

• You divorced or separated and need a waiver to file solo.

• Your investment has not created enough jobs, and you need strategic planning.

• You face a Request for Evidence (RFE) or an interview.

• You’re late to file and need urgent legal assistance.

Accura Immigration Firm has built a reputation for reliable results, clear communication, and aggressive advocacy in immigration courts and with USCIS.

The Path Beyond Conditional Residence

Once you remove conditions and receive your 10-year green card, you're eligible to apply for U.S. citizenship after:

• 3 years of permanent residency if you’re married to a U.S. citizen.

• 5 years otherwise.

Accura Immigration Firm continues to support clients through the naturalization process, preparing them for interviews and tests and representing them when needed.

What Happens if Your Petition Is Denied?

In some cases, USCIS denies the petition to remove conditions. Common reasons include:

• Lack of joint documentation

• Belief the marriage was fraudulent

• Insufficient evidence of investment success

If this happens, Accura can help:

• File a motion to reopen or reconsider

• Appeal the decision

• Represent you in removal proceedings

• Guide you to alternative legal options

Our legal team builds strong rebuttals and ensures your voice is heard.

Conditional Residence vs. Permanent Residence

Feature	Conditional Residence	Permanent Residence
Validity	2 years	10 years
Filing Required	Yes, to remove conditions	No immediate filing needed
Risk of Expiration Consequences	High	Moderate
Citizenship Path	3 or 5 years	3 or 5 years

Understanding this difference is vital to planning your immigration journey.

Final Thoughts

Conditional residence is a temporary but necessary step toward U.S. permanent residency. It is not automatic—timely action is required to maintain your status and protect your path to citizenship.

If you’re uncertain about your case or facing complications, legal guidance is essential. Accura Immigration Firm is here to help you remove conditions successfully and secure long-term residency for you and your family.