Sometimes permanent residence is granted on a conditional basis. For example, in a family-based case based on marriage, if the marriage occurred not more than two years before the granting of permanent residence, permanent residence is granted on a conditional basis for a term of two years.   In this case, the conditional resident and spouse are required to file a joint petition to remove the conditional basis of the green card within 90 days of the second anniversary of conditional residence.  The couple must prove that at the time of marriage and filing for permanent residency, there was a bona fide marital relationship.  In some instances, the green card holder may also file an application to remove the conditions without the cooperation of the spouse.  The person must still prove that even though the couple subsequently separated or divorced, that the marriage was bona fide at the time of marriage and filing.  Another form of conditional permanent residence occurs with the approval of a green card based on an employment-based 5th preference petition as an entrepreneur.  In this case, the conditional resident is also required to file a petition to remove conditions on the green card within 90 days of the second anniversary of the green card approval.  This petition must show that the conditional resident has met certain requirements involving the required business investment.

Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Smith & Garg at 562-590-7300 or call our toll-free number at 877-517-4275.  You can also submit an inquiry through our Long Beach Immigration Online Inquiry.