What is a “Conditional Resident?”

You are a Conditional Resident if you immigrated to the United States as a spouse of U.S. citizen before the second anniversary of your marriage, which is the basis of your immigrant status. If you have children, they also may be Conditional Residents. The investor visa (EB5 Investor) also grants conditional residency. It requires an application procedure after two years to remove the condition on the permanent residency.  The expiration date of this conditional resident status is noted on the immigrant’s permanent resident card. Conditional residents must file either Form I-751 (Petition to Remove the Conditions on Residence), or Form I-829 (Petition by Entrepreneur to Remove Conditions). This petition must be filed within the 90-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. This date is usually the expiration date of your Permanent Resident Card.

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NOTE: While every effort has been made to ensure the quality and accuracy of the visa information contained in this site, all content is subject to change without notice. The Embassy makes no warranty, express or implied concerning the information provided. For information regarding Lawful Permanent Residents, please visit USCIS website.