Individuals married to U.S. citizens or permanent residents receive temporary immigration status as conditional residents. This applies to people who have been married for less than two years after being granted legal permanent residence (green card). The status lasts for two years, and the individual can prove the validity of the marriage and remove the conditions by showing that the marriage was genuine and not meant to evade U.S. immigration laws.
If the individual cannot remove the conditions, they will lose their legal permanent resident status and may be subject to deportation. U.S. immigration laws grant individuals temporary immigration status as conditional residents to confirm their marriage is genuine and not to evade immigration laws.
The individual receives a green card valid for two years and can live and work in the United States as a legal permanent resident. If the individual proves that the marriage is not for evading immigration laws, the conditional status will be removed.
How to Remove the Conditions on a Conditional Resident Status
To remove the conditions on conditional resident status, the individual must file Form I-751, Petition to Remove Conditions on Residence. The individual and their spouse must file Form I-751 jointly and submit evidence of a genuine marriage within 90 days before the green card expires. This evidence can include, but is not limited to, the following:
- Joint bank account statements
- Lease or mortgage agreements
- Utility bills
- Birth certificates of children born to the couple
- Affidavits from friends and family
Individuals should consult with an immigration lawyer or a qualified representative to ensure they have the necessary documentation and properly complete Form I-751 before filing.
After filing, they will receive a receipt notice (Form I-797) confirming the petition’s receipt. The officer will provide the individual with a case number and a biometrics appointment. The biometrics appointment is a fingerprinting session, where the individual will have their fingerprints, and a photograph taken.
After the biometrics appointment, the individual will receive an interview notice indicating the interview’s date, time, and location. During the interview, an officer will review the case and evidence provided and ask the individual and their spouse some questions. The officer will also decide whether to approve or deny the petition.
If the officer approves the petition, the individual will collect a new green card valid for ten years.
If the officer denies the petition, the individual can attend a hearing before an immigration judge. In this hearing, they can present evidence and testimony to convince the judge to allow them to remain in the U.S.
Note that the individual should only leave the U.S. while the petition is pending if they have a valid advance parole document. Failure to remove the conditions may bar them from returning.
It’s also vital to remember that conditional resident status is temporary. If the individual does not remove the conditions, they risk losing their legal permanent resident status and deportation. Therefore, it is important to take the necessary steps to remove the green card conditions before it expires. This is to avoid losing the ability to apply for U.S. citizenship and other benefits.
Related: The Step-by-Step Guide for Removing Conditions on Your Green Card
Impacts of Conditional Resident Status on Citizenship
Conditional resident status is a temporary status that can impact an individual’s ability to apply for U.S. citizenship. The impact of conditional resident status on applying for citizenship depends on whether the individual can remove the conditions on their green card.
If the individual can remove the conditions on their green card, they will get a new one for ten years. Once the individual has held this new green card for five years, they’ll be eligible to apply for U.S. citizenship through naturalization. Conditional resident status does not affect their ability to apply for U.S. citizenship after they have removed the conditions of their residency.
If the individual cannot remove the conditions on their green card, they will lose their legal permanent resident status. The individual may be subject to deportation. They will also lose their eligibility to apply for U.S. citizenship. Therefore, the individual needs to take the necessary steps to remove the conditions on their green card before it expires.
Also, an individual may be unable to remove the conditions because of a divorce or the spouse’s death. However, they can still apply for the removal of the conditions based on that hardship. If approved, they will be able to apply for naturalization as well.
How to Apply for Citizenship After Removing the Conditions on Residence
If a conditional resident wants to apply for U.S. citizenship, they must remove the conditions on their green card. Once the conditions are removed, the individual will be issued a new green card valid for ten years. Once the individual proves the validity of the marriage, they will receive a new green card valid for ten years.
Conditions on residence are removed by filing Form I-751, Petition to Remove Conditions on Residence, within 90 days before the green card expires. The individual and their spouse must file this application jointly, including evidence that the marriage is legitimate.
After holding this new green card for five years, they can apply for U.S. citizenship by filing Form N-400, Application for Naturalization. The individual will need to meet certain requirements to be eligible for naturalization, such as:
- Reside continuously in the United States as a legitimate permanent resident for at least five years immediately preceding the date of applying.
- Be present in the United States for at least 30 months out of the five years immediately preceding the date of applying.
- Be 18 years old or older at the time of filing.
- Be a person of good moral character.
- Pass an English and Civics test.
- Take an Oath of Allegiance to the United States.
The naturalization process involves several steps, including an interview and a test. An immigration officer will review the case, the evidence provided and ask the individual some questions. The officer will also decide whether to approve or deny the naturalization application.
The individual is advised to consult with an immigration lawyer or a qualified representative before filing the form. This is to ensure that they have the required documentation and that the form is properly completed.
Summary – Impact of Conditional Resident Status on Applying for Citizenship
Conditional resident status is for to individuals married to a U.S. citizen or permanent resident for less than two years. To maintain this status, the individual must remove the conditions on their green card by demonstrating genuine marriage. If removed, the individual can apply for U.S. citizenship after five years.
However, if unable to remove the conditions, they will lose their legal permanent resident status and cannot apply for citizenship. The individual must take the necessary steps to remove the conditions before the green card expires.
Do You Need to Talk to an Immigration Attorney About Removing the Conditions on Your Resident Status?
Get in touch with an experienced immigration attorney through us. Schedule a consultation by calling 914-481-8822. Our knowledgeable attorney will answer your questions and provide the legal guidance you require.
