The Immigration and Nationality Act (INA) governs immigration in the United States. For the part of the law concerning conditional resident status based on marriage, please see Section 216 of the INA. The specific eligibility requirements and procedures for removing conditions on permanent resident status are included in the Code of Federal Regulations [CFR] at 8 CFR Section 216

A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.

Removing  Conditions:

I.Remove Conditions on Permanent Residence Based on Marriage

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if you:

•Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;

•Are a child and, for a valid reason, cannot be included in your parents’ application;

•Are a widow or widower who entered into your marriage in good faith;

•Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or

•Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

 

How to Apply to Remove the Conditions

You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

 

If You Are No Longer Married To Your Spouse or If You Have Been Battered or Abused by Your U.S.-Citizen or Lawful Permanent-Resident Spouse or Parent

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

 

Your Child’s Conditional Green Card

If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate I-751 application if your child received conditional resident status more than 90 days after you did.

If You Are Late In Applying To Remove The Conditions On Residence

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

•Your conditional resident status will automatically be terminated and we will begin removal proceedings against you

•You will receive a notice from us telling you that you have failed to remove the conditions

•You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

•Your deportation or removal would result in extreme hardship

•You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition

•You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

•You filed a waiver request. Immigration Authorities will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).

•You filed a Form I-751 petition jointly. Immigration Authorities will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, Immigration Authorities will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

Work Permit

As a permanent resident, you should have received a green card. This card will continue to prove that you have a right to live and work in the United States permanently. If you file Form I-751 on time, Immigration will extend your conditional resident status until a decision has been made on your application. You will be sent a notice reflecting this.

Interview

An interview may be required to demonstrate eligibility to remove the conditions on your residence. If an interview is required you will receive an appointment notice telling you when and where to appear for your interview.

How to Appeal

If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, Immigration authorities must prove that the facts on your application were untruthful and/or that your application was properly denied. If the immigration judge decides to remove you from the country, you may appeal this decision.

Generally, you may appeal within 30 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.

II. Remove Conditions on Permanent Residence for Entrepreneurs ( Investors)

Your permanent residence status is conditional if it is based on investment. You are given conditional resident status on the day you are lawfully admitted to the United States for a 2 year period.

 

You must file Form I-829, Petition by Entrepreneur to Remove Conditions, to remove the conditions on your permanent resident status. Form I-829 must be filed within 90 days before the second anniversary of your admission to the United States as a conditional resident.

 

After You File

Your conditional permanent resident status will be extended for 6 months or until the processing of your Form I-829 has been completed, whichever is longer.  You will receive a receipt for filing the Form I-829 that you should carry with your green card.

 

If You Don’t File

If you do not file Form I-829 as required, you will automatically lose your conditional permanent resident status as of the 2nd anniversary of the date you were granted conditional status. As a result, you will become removable from the United States.

 

Filing Late

You may file Form I-829 late provided you submit a:

 

•Request to excuse your late filing

•Written explanation that shows that your failure to file on time was for good cause and due to extenuating circumstances.

 

Can I become a permanent resident based on my investment in the United States?

A: Yes pursuant to Section 203(b)(5) of the Immigration and Nationality Act (INA) and 8 CFR 204.6.

 

Green Card Through Investment

 

Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence).

 

Up to 10,000 visas may be authorized each fiscal year for eligible entrepreneurs.

 

You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area).  In return, USCIS may grant conditional permanent residence to the individual.

 

 

Eligibility Criteria

 

You may be eligible to receive permanent residence based on investment if:

 

•You have an approved Form I-526, Immigrant Petition by Alien Entrepreneur

•You are admissible to the United States

 

•An immigrant visa is immediately available

 

Application Process

 

If You Are Living Outside the United States

 

You can become a permanent resident through consular processing if you live outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-526, Immigrant Petition by Alien Entrepreneur, petition when a visa is available.

 

If You Are Living in the United States

 

You can become a conditional permanent resident through adjustment of status if you live inside the United States. Once the Form I-526 is approved and a visa number is available, you can apply for conditional permanent residence on Form I-485, Application to Register Permanent Residence or Adjust Status.

 

Supporting Evidence for Form I-485

 

You should submit the following evidence/documentation with your application:

•Two passport-style photos

•Form G-325A, Biographic Information, if you are between 14 and 79 years of age

•Copy of government issued photo identification

•Copy of birth certificate

•Copy of passport page with nonimmigrant visa (if applicable)

•Copy of passport page with admission (entry) or parole stamp (if applicable)

•Form I-94, Arrival/ Departure Record (if applicable)

•Certified copies of court records (if you have been arrested)

•Form I-693, Report of Medical Examination and Vaccination Record

•Applicable fees

•The approval notice for Form I-526 (Form I-797)

 

Family of Entrepreneurs

 

Your spouse and unmarried children under the age of 21, (known as derivatives) may be included on your immigration petition.  If they are residing in the US, they will each need to file a Form I-485. They are counted towards the annual cap of 10,000 visas.

 

Work & Travel Authorization

 

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).

 

What is 245(i) and does it affect me?

A:

Section 245(i) provision of the Legal Immigration Family Equity Act (LIFE Act allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty. The LIFE Act temporarily extends the ability to preserve eligibility for this provision of law until April 30, 2001. Use of Section 245(i) adjustment of status previously was limited to eligible individuals who were the beneficiary of a visa petition or labor certification application filed on or before January 14, 1998.

 

. Who are the “certain persons” covered under Section 245(i) adjustment of status?

 

Those covered by the provision are listed at Section 245(a) and (c) of the Immigration and Nationality Act and include individuals who: