When a foreign national marries a U.S. citizen, they receive conditional permanent resident status if the marriage is less than two years at the time of approval. The imposition of these conditions is to ensure that the marriage is legitimate, rather than for immigration purposes. It’s important to understand that this status comes with specific requirements that must be met before an individual can reap the full benefits of permanent residency. If you have any questions related to your legal status, please don’t hesitate to contact a seasoned Middlesex County, New Jersey Green Card Lawyer for advice and skilled representation.
What Is Conditional Permanent Resident (CPR) Status?
Conditional permanent residency is a temporary two-year green card issued to certain marriage-based immigrants. While it carries nearly identical rights to a standard 10-year green card, it does require additional steps before residence becomes permanent. With a green card, a conditional resident can:
- Live and work freely in the United States
- Travel internationally (with standard green card rules)
- Apply for a Social Security number
- Sponsor certain relatives once they become a permanent resident
Who Receives a Conditional Green Card?
A spouse will receive a conditional green card if the marriage is less than two years old on the date that permanent residence is granted. This applies to:
- Spouses of U.S. citizens
- Spouses of green card holders
- K-1 fiancée visa holders who have married and adjusted their status within two years
- Individuals who successfully complete consular processing within the first two years of the marriage
As such, if the marriage is older than two years at the time permanent residency is approved, the immigrant spouse will receive a permanent green card (10-years), rather than a conditional green card.
Why Does USCIS Impose a Two-Year Condition?
The purpose of conditional permanent resident status is to ensure that the marriage is bona fide. USCIS wants to ensure that it’s a genuine marriage that was not entered into solely for immigration purposes. Since two years is not that long to be in a legal union, the relationship is not yet sufficient to warrant full permanent residence for the foreign spouse. Conditional permanent resident status is granted to prevent foreign nationals from obtaining full LPR status if the marriage was not entered into in good faith. As such, USCIS will consider:
- Shared residence history
- Joint financial obligations
- Commingled assets
- Birth certificates of children, if applicable
- Third-party affidavits confirming the legitimacy of the relationship
How Do I Remove Conditions on a Green Card Based on Marriage?
If you are a conditional permanent resident in Middlesex County or the surrounding area, at the end of the two-year validity period, you are eligible to apply to remove conditions from your permanent residence status. If you don’t take the necessary steps to remove the conditions in time, you could lose your legal status in the country and potentially be deported.
Filing Timeline Requirements
- File within 90 days of the green card expiration date
- Filing too early can result in rejection of your petition
- Filing too late can result in the termination of your lawful status
- USCIS can issue a receipt that serves as proof of residency while your case is pending
Evidence Required to Prove a Marriage
- Joint tax returns
- Joint bank accounts
- Utility bills in both spouses’ names
- Photos documenting the relationship
- Birth certificates of children born during the marriage
- Lease or mortgage documents showing shared residence
It’s important to understand that, in order to have these conditions removed, you and your spouse must jointly file the petition. However, certain applicants may be eligible for a waiver if the marriage ended in a divorce, the applicant experienced extreme cruelty or battery, or removal from the U.S. would result in extreme hardship.
Form I-751 generally requires a filing fee of $595 and a biometric fee of $85, though these fees are subject to change.
What Happens if You File to Remove Conditions?
In the event you do not file Form I-751, Petition to Remove Conditions on Residence, within the 90-day window, it can result in:
- Termination of your conditional residence status
- A Notice to Appear
- Removal proceedings before a judge
- Loss of work authorization
New Jersey is home to one of the largest immigrant populations in the United States, and many marriage-based immigrant families reside in Middlesex County and the surrounding area. Because conditional residency is handled through local USCIS field offices, careful preparation and evidence are imperative for families going through this process.
Contact an Experienced New Jersey Immigration Attorney Today
As you can see, this process can be complex. At the Law Offices of Aditya Surti, LLC, we are prepared to guide you on your path to permanent residency. Connect with our firm today to learn more about what we can do for you.