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What should you know about conditional permanent residence?

On Behalf of | May 25, 2022 | Immigration law

When a non-U.S. citizen marries a U.S. citizen, they receive a green card. However, this card does not serve as the final version of a permanent residency card from the offset.

Instead, this status is conditional permanent residence, which applies to spouses and to certain entrepreneurs. This green card lasts for a period of up to two years.

Filing the correct forms in the allotted time

The USCIS discusses conditional permanent residence and how it may apply. As mentioned, it is a sort of temporary space before a person gets permanent residency.

After the two-year period on conditional permanent residence ends, it is possible to rescind the conditions. To do this, petition the U.S. government in the 90-day period before the green card hits its expiration date. A person becomes a permanent resident if the government agrees to rescind the conditions.

For a marriage-based green card, the individual must file Form I-751. Rescinding conditions on an entrepreneurial green card require the filing of Form I-829.

What to do in the event of a divorce

But what happens in the event of a divorce? After all, there is no guarantee a couple will remain together after two years. It is still possible to file for the rescinding of these conditions even in the event of divorce. One must file Form I-751 individually rather than in tandem with their ex-spouse.

The U.S. government will often rescind conditions in the event of a divorce, especially if the divorce happened due to infidelity. But the applicant must be sure not to miss any deadlines or file any documents incorrectly, as this can entirely alter the chances of the U.S. government rescinding the conditions.