Conditional Resident Status

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Chicago Conditional Resident Status Lawyers

Is your green card only valid for two years?  That means you have conditional lawful permanent status in the United States. Within the 90 day period prior to the expiration of your card, you will need to submit an application to remove the conditions on your residency, otherwise, your status will be terminated. There are several exceptions where one can file after the two year period; however, curing this issue depends on the facts of each and every case.

Conditional status is granted to a person who is married to a U.S. citizen, but whose marriage was less than two years old at the time that lawful permanent residency was granted. It is also granted to a child whose step-parent is a U.S. citizen and the marriage between the parent and step-parent is less than two years old. Conditional status provides the Department of Homeland Security an additional opportunity to determine that the marriage is real, and not solely for immigration purposes. (see marriage fraud)

If you (or your parents) are still married, you and your U.S. citizen spouse will file the application together. If you are either separated from or divorced from your spouse, you will need to apply based upon one of the following grounds:

  • Your spouse has passed away
  • You married in good faith (meaning not for immigration purposes), but the marriage has already ended due to divorce or annulment
  • You married in good faith, but you were abused by your spouse
  • You are a child, and you were abused by your U.S. citizen step-parent
  • If you were forced to leave the United States, you would suffer extreme hardship

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