A conditional permanent resident is an individual who receives a green card that is valid only for two years. In order to maintain status as a permanent resident, you must file a petition to remove the condition during the 90 days prior to the expiration of the green card. Otherwise, you will lose status as a permanent resident.
You typically are a conditional permanent resident in two different situations:
· Your permanent residence is based on a marriage that is less than two years old.
· Your permanent residence is based on an investment that you made as an entrepreneur in a new commercial enterprise.
In either case, you must file a petition to remove the condition from your residency before your green card expires. If you do not apply before your green card expires, you can file the necessary petition late if you can prove that you had good cause for failing to file it on time and U.S. Citizenship and Immigration Services (USCIS) exercises its discretion to accept your petition.
To remove the condition from your green card based on marriage, you must fall into one of the following categories:
· You still are married to the same U.S. citizen or permanent resident spouse after two years.
· You are a child who cannot be included on your parents’ application for a valid reason.
· You are a widow or widower who entered into your marriage in good faith.
· You entered into your marriage in good faith, but the marriage ended through divorce or annulment.
· You entered into your marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse.
To remove the condition from your green card based on investment/entrepreneurship, you must show the following:
· Evidence that you invested or are actively in the process of investing the required capital.
· Evidence that you sustained your investment in the new commercial enterprise throughout the period of your conditional residence.
· Evidence that your investment created or can be expected to create, within a reasonable amount of time, 10 full-time jobs for qualifying employees.
When you or a loved one is facing an immigration law problem, you need legal advice and counsel from experienced Texas immigration attorneys. At Peek & Toland, we are here to help you with your immigration case. We will devote all of our efforts to representing your interests, answering your questions, and calming your concerns. Don’t hesitate to contact Peek & Toland and schedule a time to meet with us today. We can help protect your rights and get you the relief that you need.