Removal of Conditions of Residency

Permanent resident status (green card holder status) stays in place until the immigrant applies for and completes the naturalization process, loses their residency status, or gives up their residency status.  Conditional residency can result in the loss of residency status.  

About Conditional Permanent Residency

Conditional permanent residency may be obtained by marriage to a U.S. citizen or lawful permanent resident.  It usually applies if you get married to a U.S. citizen after being admitted to the country as a fiancé.  This type of residency comes with conditions.   

Conditional permanent residency is only valid for two years, and it cannot be renewed.  There is a risk of losing your permanent residency status given these restrictions. 

To avoid this, typically, one has 90 days from the expiration of their two-year green card issuance to file a petition for naturalization.  This usually has to be filed jointly with the immigrant’s spouse. Failure to do so may result in termination of residency status.  Immigrants do not always have to wait until their application for naturalization is approved.

Removal of Conditions on Permanent Residence Status

At any time after being granted conditional status, the immigrant can apply to have the restrictions on their right to permanent residency removed.  

This application can be submitted without the sponsoring U.S. citizen in some cases.  For example, the application can be submitted without the sponsor if there was a death or divorce or annulment involved with either the parent/stepparent, there was a situation involving extreme cruelty, etc.  

This application can help ensure that the permanent residency status is not lost if the naturalization application is not approved, or some other circumstance arises in the naturalization process. 

We help guide clients through the immigration process.  Call us today for an appointment with our immigration attorneys.