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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Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
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