Permanent Residences

There are different types of permanent residences in the US, there is the conditional permanent residence and the permanent legal residence. The difference is that one of them grants a 2-year permit and the other one grants 10 years. Besides the length, the two-year conditional permanent residence cannot be renewed, and the ten-year permanent legal residence can be renewed and you can obtain your citizenship before the permit expires.

Conditional Permanent Residence

Eligibility to take the Conditional Permanent Residence would be, for example, investors through the EB-5 Visa and those who obtain a residence when they are married to an American.

If you have the conditional permanent residence, as explained above, it cannot be renewed. The process to keep the permanent residence is to cancel or remove the conditions of residence during the last 90 days before it expires, otherwise you will lose your permanent resident status. It is advisable not to wait until the last moment to do so, because after the two years are over, the petition might be denied and a judge could be involved to resolve the case.

Conditional Permanent Residence – Marriage

Normally, Form I-751 is used for people who obtain conditional residence by marriage, and after two years they must prove to the immigration services that their marriage has been legal and real.

What happens if the couple separates before two years?

In that case, residence conditions can be removed and there are three ways to do so:

• If the couple has separated: to continue with permanent residence, the immigrant must prove that without the residence, he/she will be in difficult and dangerous situations.
• If the couple has divorced: to continue with permanent residence, the immigrant must prove that the marriage was real before obtaining any other permit.
• If the person was abused: If a person was abused by an American citizen (the spouse), they can still obtain residence in other ways.

What happens it the request for removal of conditions is denied?

Many people worry when the removal request is denied, because they will most likely send their case to the deportation court. However, the only thing that will happen is that the immigration judge will review the case request and the corresponding decision will be made.

Conditional Permanent Residence – Investors

On the other hand, people who have residency as investors have to prove to immigration service that they have created ten full-time jobs to obtain longer residence.

How is conditional permanent residence canceled?

To cancel the conditions of a Green Card that is based on marriage, you must submit Form I-751 (request to cancel the conditions at the residence)

To cancel the conditions of a Green Card for entrepreneurs, you must submit Form I-829 (request of an employer for the elimination of conditions).

The USCIS Citizenship and Immigration Service (in its acronym in English) is responsible for the removal of residence conditions.

Permanent Legal Residence

If the case is that you qualified a green card for ten years, you can apply for your American citizenship before it expires. Please note that after you have received your Permanent Legal Residence, you must renew it before it expires. The process is the following:

• Electronic submission of Form I-90, Application to Replace Permanent Resident Card
• Presentation of Form I-90 printed, by mail.
• You can replace your Green Card within six months of its expiration.

By having the Green Card, you can use and apply for a social security card and a driver’s license issued by the state.

If you need assistance in removing the conditions on your two-year Green Card or need to renew your ten-year legal permanent residence card please contact Motion Law at: (202) 918-1799 for a FREE Consultation with one of our expert immigration attorneys.