Conditional Permanent Residence in the U.S.

Updated on Tuesday 26th July 2016

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Conditional Permanent Residence in the U.S. Image
According to the Immigration Reform and Control Act of 1986 (IRCA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), individuals who qualify and apply for permanent residence grounded on a recent marriage with a citizen of the U.S. or if they are investors in the country are granted the conditional permanent residence in the U.S., also known as a conditional green card, which is valid for two years.

In order to become a permanent resident in the U.S., a conditional permanent resident has to apply with the U.S. Citizenship and Immigration Services (USCIS) to remove the condition in maximum 90 days before the green card expires. It is not possible for the conditional green card to be renewed. If the conditions are not removed, the person in question loses his or her permanent resident status.
 

Removing conditional permanent residence for investors in the U.S.


In order to remove the conditional permanent residence status for investors in the U.S., they must demonstrate that they respect the following circumstances:

•    the investment in the business by which the investor has gotten his or her status did not have the main purpose of avoiding the U.S. immigration laws;
•    the required capital was indeed invested;
•    the investor is engaged actively in the business; and
•    the business generated, or is about to do so, at least ten jobs for U.S. employees.

An immigration lawyer in Miami can assist you through the entire process to make sure you are able to remove the conditional permanent residence if you are an investor in the U.S.
 

Removing conditional permanent residence based on marriage in the U.S.


The aim of the two-year conditional permanent residence in the U.S. is to demonstrate that the marriage is indeed a real one and was not made only to get the permanent resident status. 

In order to receive the approval for the permanent residence, the conditional green card holder has to maintain the marriage with the U.S. citizen for the two-year period. The marriage has to be entered into frankly, without the intention of alluding immigration laws.
 
Our immigration lawyers in Miami can help you through the process of removing the conditional permanent residence in the U.S. and becoming a permanent resident in this country. Feel free to contact us if you need assistance regarding this matter.

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