Conditional residency is a status granted to a foreign national who has been granted permanent residency on a conditional basis. In order to obtain U.S. permanent residence, the foreign national must meet specific requirements within a specified period of time in order to keep the conditions on their resident status. If these requirements are not met, the resident can become deportable and may ultimately lose their right to remain in the United States.
Who Qualifies as a Conditional Resident?
Individuals who are eligible for conditional residency in the United States generally include those who have received a permanent resident visa as the spouse of a U.S. citizen or other foreign national who received a visa through marriage, certain entrepreneurs and investors, and individuals with approved employment-based petitions. Additionally, certain refugees and asylees may be eligible for conditional residency.
Requirements for Conditional Residents
Conditional residents in the United States must comply with several statutory and regulatory requirements in order to maintain their resident status. For example, those who have obtained their conditional resident status through a marriage must prove that the marriage is legitimate by filing a joint income tax return, obtain health insurance, prove residence “in the states”, and meet any other requirements required by the USCIS. Failure to comply with these requirements could result in the removal or deportation of a conditional resident.
The Bottom Line
Conditional residency is a temporary form of permanent residency in the United States granted to certain foreign nationals. Those granted conditional residency must meet all requirements and file any necessary documents within a certain amount of time in order to maintain their resident status. Failure to do so can result in the removal or deportation of the individual.