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LSDefine

Simple English definitions for legal terms

conditional resident

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A quick definition of conditional resident:

A Conditional Resident is someone who is given permission to live in the United States as a permanent resident, but only for a limited time. This is usually because they came to the U.S. as a spouse of a U.S. citizen or an investor. They get a special green card that is only valid for two years. To stay in the U.S. as a permanent resident, they have to apply to remove the condition before the two years are up.

A more thorough explanation:

A Conditional Resident is a person who is granted permanent resident status on a temporary basis. This means that they are given a green card that is valid for only two years. They must file a petition to remove the condition within the 90-day period immediately preceding the second anniversary of the date they were granted conditional permanent resident status. This is usually the expiration date of their Permanent Resident Card.

  • If a noncitizen immigrated to the United States as a spouse of a U.S. citizen before the second anniversary of their marriage, they will be a Conditional Resident.
  • If the noncitizen has children, they also may be Conditional Residents.
  • The investor visa (EB5 Investor) also grants conditional residency.

These examples illustrate that there are different ways to become a Conditional Resident. It can be through marriage to a U.S. citizen, having children, or investing in the U.S. economy. However, regardless of how they became a Conditional Resident, they must file a petition to remove the condition in order to remain a permanent resident.

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