Removal of Conditional Status

Removal of Conditional Status :

Sometimes, when a foreign national adjusts status, they are granted a “conditional” resident status.  This means that the status they were granted is temporary and must be replaced with a “permanent” resident status at the end of a two-year period of time.  The conditional resident’s resident card (green card) will indicate an expiration date exactly two years from the date residency status was assigned by USCIS (immigration).  Conditional resident status is usually assigned to foreign nationals who have obtained their status through marriage to a United States citizen and who have been married to that citizen for less than two years.  The reason USCIS grants individuals conditional status is to deter marriage fraud and to assure the viability of the relationship.

Conditional residents have many of the same rights as permanent residents except that they must limit their international travels to short, casual trips.   Longer trips will first require the receipt of an advanced parole travel document.  It is important to remember that the two years a resident has conditional status is an important period of time for USCIS to determine the legitimacy of a marriage.  For this reason it is important that couples collect evidence of their shared lives.  At the end of the two year period a couple should have numerous documents showing the legitimacy of their marriage including shared bills, leases, bank accounts, and possibly even children.

If you are a conditional resident and you have three months or less from the expiration date of your conditional resident card, or if you have questions concerning your conditional residency status, feel free to contact Shryock Law Firm, LLC to schedule a consultation.