What is a Conditional Resident?
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Obtaining a green card is something many immigrants in the country dream about. However, not all green cards are created equally. In some cases, a person may obtain a green card and they simply have to renew it when the time comes, or they may apply for citizenship. In other instances, a person may obtain a green card but be considered a conditional resident. It is crucial that any green card holder knows what type of green card they have and if necessary, what conditions must be removed.
What is a Conditional Permanent Resident?
Immigrants are considered a conditional permanent resident if they are married to a United States citizen or if they are an entrepreneur that holds an employment-based green card. The USCIS uses conditional permanent residency for one main purpose. They want to ensure the reason a person has for entering the country is valid. As such, they want to ensure a marriage is legitimate or that a business owner did not invest in the business simply to obtain a green card.
Conditional permanent residents can reap all of the benefits that lawful permanent residents are entitled to, but their status is conditional. Conditional residents still need to renew their green card when it expires, and the conditional status may not apply if they are able to remove the conditions.
Removing Conditional Status
All conditional permanent residents must file specific documentation to have their conditional status removed. Green cards that are marriage-based are valid for two years. Holders of these green cards must file Form I-751 with their spouse at least 90 days before the expiry date to remove conditional status.
Entrepreneurs must file Form I-829 to remove all of the conditions. When filing Form I-829, individuals must prove:
- The investment required into the business was not made with the sole intention of obtaining a green card,
- An actual investment was made,
- The business owner is actively involved with the business, and
- The business enterprise generated the number of work opportunities for employees within the United States
Failing to remove conditions on a green card comes with very serious consequences. Any immigrant that does not remove the conditions on their green card runs the risk of being placed into removal proceedings and being deported from the country. This has very serious consequences. Deportation can result in an immigrant being denied entry into the country in the future. Additionally, anyone with a green card that is deported may place their family at risk for deportation as well, if those relatives have green cards that are dependent on the conditional resident.
Our Illinois Immigration Lawyers can Help Remove Conditions
The concept of conditional residents, and how to remove those conditions, seems straightforward, but it is not. At Kriezelman, Burton & Associates, LLC, our knowledgeable Chicago immigration lawyers can help. We know the requirements of conditional residents and can help you through the process of effectively removing any conditions. Call us today or fill out our online form to schedule a confidential consultation and to learn more about how we can help with your case.
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Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett, we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and for standing by me during such…
I used their services for my case, and everything went smoothly. Rafael and Matthew are very knowledgeable and helpful, and answered all my questions. I highly recommend them!
I have used their services since 2022, and my experience was great. My own case was successfully finished this year. I want to say Matt and Raf were of great help throughout, and also Jennifer, who attended the interview with me. I would highly recommend their services.
Mr. Jeffery and Mr. Kevin Racia were the attorneys handling a complex immigration case of mine. On the assurance of both attorneys that the case is going to be presented in a systematic way, I went ahead with confidence. I was able to become a legal permanent resident. I highly recommend Kriezelman Burton & Associates, LLC for all your immigration needs.
Thank you, thank you, thank you to the remarkable team of Khiabett Osuna, Brittani Rivera, and Rafael Rodriguez, who were responsible for the successful release from detention of one of our parishioners, husband and father of four, after over 10 weeks of incarceration. From his detention to the payment of his bail and from Immigration Court to his reunion with his family, there were blessings aplenty made possible through the…
I would like to express my sincere gratitude to my attorney, Brittni Rivera, for her professionalism and support during a very difficult time. I was in detention for 6 months, and thanks to her hard work and filing a habeas corpus petition, I was finally released. In addition, when I was released, ICE did not return my documents. Brittni did not ignore this issue — she took action and successfully…
My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
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