Being a conditional permanent resident means your green card will have a validity of two years. It cannot be renewed, which is why you must file a petition before its expiration and get the condition removed. You’ll need to do within the 90 days of the card’s expiration date. Failure to do so means you lose your status as a permanent resident.
There are two types of conditional green cards; one is based on marriage, and the other is for entrepreneurs.
Conditions on Permanent Residence Based On Marriage
The cr-1 visa refers to a temporary green card based on marriage. This applies to couples who have been married for less than two years when they obtained permanent residence. At the end of that allotted period, the said couple must file Form I-751. Depending on the evidence they can provide, their marriage may be declared bona fide.
You will be paying $595 to file the form, as well as, $85 for biometrics per partner. The same applies to any children on a similar condition status if they’re between 14-79 years old.
Conditions on Permanent Residence for Entrepreneurs
To remove conditions on green card for entrepreneurs, you will follow the same procedure and pay the fees we mentioned above. The difference is that the form you’ll file is the I-829.
Why These Conditions Exist
The conditions exist so couples can prove that they didn’t just get married so they could evade the immigration laws. Think of it as the probation period during which the two of you can build a record of their married life and present it later.
What Happens if the Conditions Are Not Removed?
A conditional resident might risk being removed from the United States once the 90 days are over. That’s because their presence shifts from legal to unlawful. Thus, the government can deport them or bar them from entering the United States.
What if We Get Divorced?
Should you get divorced while on a temporary green card, you won’t necessarily lose your permanent status. What you must do is apply for a waiver, i.e., the I-751. With proof that you got married in good faith and not just to enter the US and the waiver, you’ll also need to explain the reason behind the divorce. If the USCIS decides that you aren’t responsible for the marriage ending, you can regain your permanent resident status. However, abandonment or cheating on your spouse may mean you will be denied the waiver. In that situation, you will need to leave the country.
Do Conditional Green Cards Have The Same Rights?
Yes, in most things. That includes being able to work without having to apply for a permit or travel out of the country – and within — without a special visa.
Moreover, as a conditional resident, we’d advise that you take steps to complete the permanent residency proceedings. With a condition card, you have the opportunity to make your status non-temporary if you want to. It will also be useful when your temp card expires or when you become ineligible in any other way.
What’s more, the number of years you spend on the temporary card can count toward the three-five you normally need when applying for US citizenship. In this way, you can speed up the process of getting citizenship.
Contact Attorney Eric Price Today!
Since there is no conditional green card renewal, you must apply for a permanent one or risk deportation. That’s where you should contact LA’s best immigration lawyer and benefit from their expertise. Call today!