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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.Â
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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I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
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I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
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