A person who obtains lawful permanent residence based on a marriage that was less than two years old when permanent residence was granted generally receives conditional permanent resident status for two years. In some cases, children who obtain permanent residence through the same marriage may also receive conditional permanent resident status.
To remain a lawful permanent resident, the conditional resident must file a petition with U.S. Citizenship and Immigration Services (USCIS) to remove the conditions on permanent residence.
Not every conditional resident is able to file jointly with the spouse through whom permanent residence was obtained. Divorce, separation, or other circumstances may affect how the petition to remove conditions should be filed. In certain circumstances, a conditional resident may request a waiver of the joint filing requirement and file without the petitioning spouse.
A waiver may be available when:
Failing to file a petition to remove conditions within the required filing period can have serious immigration consequences, including the potential loss of permanent resident status and placement in removal proceedings. In some circumstances, USCIS may accept a late filing when the delay can be adequately explained.
Prior immigration issues, criminal history, inconsistencies in earlier immigration filings, or other circumstances may also affect the removal of conditions process.
Once USCIS approves the petition, the conditions are removed and the individual remains a lawful permanent resident and is generally issued a 10-year Green Card.
A lawful permanent resident may remain in permanent resident status indefinitely, renewing the Green Card as required, provided the individual continues to maintain that status. Those who are eligible and interested in becoming U.S. citizens may later apply for naturalization.
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