What is Conditional Residency?

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What is Conditional Residency?

Immigrating to the United States can be a complex and challenging process. However, for individuals who are married to a U.S. citizen or have a U.S. citizen step-parent, there is a potential pathway to temporary immigration status called Conditional Residency. In this blog post, we will provide an overview of what Conditional Residency is, how it works, who is eligible, and the steps needed to obtain it. We will also share specific examples of how Kriezelman Burton & Associates, LLC has assisted clients in navigating this process successfully.

What is Conditional Residency?

Conditional Residency, also known as Conditional Permanent Resident Status, is a temporary immigration status granted to individuals who are married to a U.S. citizen or have a U.S. citizen step-parent. It serves as a means for the Department of Homeland Security to further evaluate the authenticity of the marriage or step-parent relationship. This status is granted when the marriage or step-parent relationship is less than two years old at the time of obtaining lawful permanent residency.

Who is Eligible for Conditional Residency?

To be eligible for Conditional Residency, an individual must meet the following criteria:

  • Be married to a U.S. citizen or have a U.S. citizen step-parent
  • The marriage or step-parent relationship must be less than two years old at the time of obtaining lawful permanent residency.

It’s important to note that even if an individual is separated or divorced from their spouse, they can still apply for Conditional Residency based on certain grounds, such as the death of the spouse, divorce, abuse by the spouse, or extreme hardship if forced to leave the United States.

The Process of Obtaining Conditional Residency

Obtaining Conditional Residency involves several steps, which include:

  1. Filing the Application: The individual and their U.S. citizen spouse or step-parent must file an application together to initiate the process. This application should provide evidence of the authenticity of the relationship.
  2. Evaluation by the Department of Homeland Security: Once the application is submitted, the Department of Homeland Security will review the case and evaluate the relationship to determine if it meets the eligibility requirements for Conditional Residency.
  3. Conditional Residency Status: If the application is approved, the individual will be granted Conditional Residency status, which is valid for two years.
  4. Removing Conditions on Residency: Within the 90-day period prior to the expiration of the conditional green card, the individual must file an application to remove the conditions on their residency. This application should demonstrate that the marriage or step-parent relationship is still genuine and ongoing. Failure to do so may result in the termination of their status.

It’s worth mentioning that there are exceptions where an individual can file to remove the conditions after the two-year period, depending on the specific circumstances of each case.

How Kriezelman Burton & Associates, LLC Can Help

Kriezelman Burton & Associates, LLC is a respected law firm with years of experience in immigration law. With extensive experience in assisting clients with the process of obtaining Conditional Residency, they have provided professional and knowledgeable legal representation every step of the way. 

Our attorneys assist clients in preparing the necessary documents required for the application, including evidence of the authenticity of the relationship. We take care of submitting the application and supporting documents on behalf of their clients, ensuring accuracy and completeness. If necessary, Kriezelman Burton & Associates, LLC represents clients in legal proceedings related to their Conditional Residency status. They provide zealous advocacy to protect their client’s rights and interests. 

If you are considering applying for Conditional Residency or need assistance with any other immigration matter, contact us today to schedule a confidential consultation with one of our experienced attorneys.