Who is a conditional permanent resident?
Conditional permanent resident (CPR) status is the immigration status given to an immigrant who has applied for their green card within two years of getting married to a United States citizen or lawful permanent resident. The immigrant spouse will be a conditional resident for two years from the time he or she receives conditional residence. A conditional resident has the same rights as a lawful permanent resident. A conditional resident can live and work freely in the United States, and can travel in and out of the United States.
How are the conditions on residence removed?
A conditional permanent resident (CPR) must file Form 1-751 with supporting evidence and the correct filing fee to remove the conditions on his or her residence within the 90-day period immediately before two (2) year anniversary of the date on which he or she obtained permanent residence. USCIS may waive the need to file within 90 days under certain rare circumstances.
Normally the CPR and the CPR’s spouse who filed the original immigrant visa petition Form I-130 or fiancé (e) petition Form I-129F through which the CPR obtained permanent residence will file a Petition to Remove the Conditions on Residence Form I-751 with USCIS. Both the CPR and the CPR’s spouse must sign the form unless the CPR can get an I-751 waiver.
If USCIS Service Center Director is satisfied from the petition and supporting documents that the marriage is in good faith and not for the purpose of evading U.S. immigration laws, he or she may waive an interview with the couple. If not the Director may schedule an I-751 interview or start a marriage fraud investigation if he or she believes the marriage was for the purpose of getting a green card.
If the director approves the joint petition he or she will give written notice of the decision (I-797C, Notice of Action) to the CPR and an appointment notice (I-797C, Notice of Action) to with a specific time, date and place to capture your fingerprints, photo and signature at a local USCIS Application Support Center (ASC) for processing of a new Permanent Resident Card (the 10 year green card). The CPR must then surrender any Permanent Resident Card previously issued.
Can I include my dependent children on the I-751 petition?
Dependent children of a conditional permanent resident granted conditional permanent resident status on the same date or within 90 days after their immigrant parent received CPR status (Form I-485 approved or admission using the Immigrant Visa) may be included in the joint petition filed by the parent and the parent’s petitioning spouse.
Children who cannot be included in a joint petition filed by their CPR parent and the parent’s petitioning spouse due to the child’s not having acquired conditional resident status on the same date or within 90 days after the parent received CPR status, the death of the parent, or other reasons may file a separate Form I-751 Petition to Remove the Conditions on Residence.
To make sure each conditional resident child receives an I-751 fee receipt (I-797C, Notice of Action) documenting an extension of conditional resident status for one year, there is no bar on filing Form I-751 for each child if the parent wishes. But the Form I-751 filing fee will apply, unless a fee waiver is granted.