What is conditional permanent residency?

| Nov 6, 2020 | US Permanent Residency |

If a Florida resident who is a U.S. citizen marries someone who emigrated from another country, his or her spouse may acquire a green card. While a green card would grant the immigrant spouse permanent residency, it would be a conditional legal status. This means that the spouse’s status as a permanent resident would have an expiration date and that a renewal or change of status application must be filed prior to that time.

A conditional permanent resident status may also be issued to an immigrant who has acquired a green card through employment. Anyone who possesses a conditional status green card may live and work in the United States on a temporary basis. He or she is still granted all the benefits that apply to unconditional green card holders, however.

For married couples, an interview must be scheduled with both spouses when the conditional permanent resident status of the immigrant spouse expires. The purpose of this interview is to prove that the marriage is legitimate and was not used as a fraudulent means to obtain a green card. Conditional permanent residency based on marital status typically lasts for two years.

There is a special form that both spouses must fill out and submit at least 90 days before the immigrant spouse’s conditional status expires. The form is an application to remove the conditions and adjust the immigrant spouse’s status to permanent residency. If spouses fail to remove conditions on time, the immigrant spouse becomes immediately at risk for removal. If a Florida spouse or worker has legal questions regarding conditional residency, he or she may seek support by requesting a meeting with an experienced U.S. immigration law attorney.

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