Immigration Law

If a foreign national is married less than two years to a U.S. Citizen, the alien spouse may be granted conditional permanent resident status in the United States from the time residency is granted. Is there a difference between permanent residence and conditional permanent residence? No. Conditional permanent residents have the same rights, privileges and obligations as permanent residents. The only difference is that conditional permanent residents must file a petition to remove their conditions a year and nine months from the time their residencies are granted.

Alien spouses currently in conditional resident status must not forget to remove their conditions on Form I-751 Petition to Remove Conditions. Such petition should be accompanied with evidence that the alien spouse and U.S. Citizen spouse continue to reside together and have a valid marriage. Supporting documents include utility bills bearing both names, apartment leases showing joint tenancy, joint accounts, and birth certificates of children. The petition to remove the conditions must be filed one year and nine months from the date the alien spouse was granted conditional permanent resident status. Failure to file the petition removing the conditions may result in the termination of the alien spouse's permanent resident status and removal proceedings may be initiated.

If the spouses are divorced before the second anniversary of the date the alien spouse was granted conditional permanent resident status, and the parties cannot file Form I-751 jointly, waivers are available. The alien spouse may be granted the waiver by showing proof that the marriage was entered in good faith, and it would result in extreme hardship if the alien were deported. So if an alien spouse has been granted conditional permanent residence, don't forget to remove your conditions!