Conditional Green Card

Conditional Resident Status/Temporary Green Card

An alien married to a U.S. citizen or Lawful Permanent Resident is generally granted the status of Lawful Permanent Resident on a conditional basis where the qualifying marriage is less than two years at the time of admission or adjustment of status to Lawful Permanent Resident. The Conditional Green Card is valid for a period of two years.

Joint Petition to Remove the Conditions on Lawful Permanent Resident Status.

The alien must remove the conditional basis of Permanent Resident status within 90 days before the end of the two-year period. They are required to jointly file USCIS Form I-751, Petition to Remove Conditions on Residence, with their U.S. citizen or Lawful Permanent Resident spouse to request removal of the condition.

If USCIS finds the marriage was entered into in good faith, it will remove the condition on the alien’s status. If USCIS makes an unfavorable determination, it will deny the application and terminate the alien’s Conditional Permanent Resident status.

Waiver of Joint-Filing Requirement for Removal of Conditions on Lawful Permanent Resident Status.

There are exceptions to the Joint Filing requirement above. The alien may request a waiver of the Joint Filing requirement to remove conditional Permanent Residency by demonstrating one of the following.

1. That extreme hardship will result if the alien is removed/deported from the United States.
2. The alien spouse must show that the qualifying marriage was entered into in good faith. They must also show that the marriage ended (excluding the spouse’s death) and that they weren’t at fault for missing the joint petition and interview.
3. The alien spouse must demonstrate that the qualifying marriage was entered into in good faith. They must also show that they experienced battery or extreme cruelty from their spouse during the marriage. They must also prove they weren’t at fault for missing the joint petition and interview.

Waiver of Joint Filing Requirement based on Extreme Hardship.

USCIS reviews the circumstances that occurred when the applicant received a Conditional Green Card and became a Conditional Permanent Resident. This evaluation occurs when reviewing waiver applications based on extreme hardship for the joint filing requirement.

Courts have ruled that “extreme hardship” includes more than just financial hardship caused by deportation from the United States. Adjusting to life back in one’s native country, even with economic challenges, generally does not meet the standard for extreme hardship.

Waiver of Joint Filing Requirement based on a Good Faith Marriage.

To determine if an alien entered the marriage in good faith, USCIS assesses commitment levels from both spouses.

This includes reviewing the courtship, marriage, and divorce timeline. USCIS also examines joint financial records, cohabitation, and other evidence of shared life.

Waiver of Joint Filing Requirement based on being a Battered Spouse or Subject to Extreme Cruelty.

The waiver of the joint filing requirement needs proof that the marriage began in good faith. It also requires showing that the Conditional Permanent Resident faced battery or extreme cruelty during the marriage. Police reports and hospital records can help establish battery or extreme cruelty, though not all abuse cases include these items. Waiver applications usually prompt a personal interview with a USCIS Immigration examiner.

Dependent Children of a Conditional Permanent Resident.

Conditional Permanent Residents can include their dependent children who gained conditional status with them in a joint petition with their petitioning spouse. USCIS considers a child to have acquired Conditional Resident status concurrently if they obtained it on the same date as the parent or within 90 days afterward. If a child cannot join the joint petition, they can file a separate Petition to Remove the Conditions on Residence. Reasons may include not acquiring status concurrently, the parent’s death, or other circumstances.

Time spent as a conditional Permanent Resident count towards the three years/five years requirement for Naturalization.