Conditional Permanent Residency
If an individual has been married to a U.S citizen for less than two (2) years at the time of the green card interview, the applicant can be granted Conditional Permanent Resident (CPR) status. This status is valid for two (2) years. The U.S. citizen and CPR spouse must file a joint petition to remove the conditional nature of the CPR status on Form I-751 within the ninety (90) day period immediately preceding the expiration of CPR status. Failure to timely file the application to remove the conditions on residence, will result in termination of status and placement into removal proceedings.
Those now divorced from the sponsoring spouse may apply for a waiver of the joint filing requirement by providing evidence of the bona fides of the marriage. Those not yet divorced, who can meet the joint filing requirement, may also apply for a waiver of the joint filing requirement if they can demonstrate that they have been abused or subjected to extreme mental cruelty by the spouse or show that their removal from the U.S. would result in extreme hardship. Those filing the Form I-751 application with a request for waiver of the joint filing requirement, may file the Form I-751 any time after becoming a conditional permanent resident. For additional information on the specific documentation requirements for obtaining a waiver of the joint filing requirement, please contact our office.
If you are a current client of our law firm and keep us updated with current contact information, we will send you a reminder when it is time to remove the conditions. Please also contact your Attorney or Paralegal Lead at least three (3) months prior to the beginning of that period if you would like us to assist you with the removal of the conditions. If you are not a current client, please contact our office if you would like our assistance with this process.