Legal Definitions - conditional resident

A Conditional Resident is a non-U.S. citizen who has been granted permanent resident status, but with specific conditions attached. This status is typically temporary, lasting for two years, and is granted when certain criteria, such as the newness of a marriage or the impact of an investment, need to be verified over time.

The primary purpose of conditional residency is to ensure the legitimacy of the basis for immigration. For instance, if a non-citizen immigrates based on marriage to a U.S. citizen, and the marriage is less than two years old at the time permanent residency is granted, the initial green card will be conditional. Similarly, individuals who obtain permanent residency through certain investment programs (like the EB-5 investor visa) are also initially granted conditional status.

Conditional residents receive a green card valid for two years. To become a full, unconditional permanent resident, they must file a petition to "remove the conditions" on their residency. This petition must be submitted to U.S. Citizenship and Immigration Services (USCIS) within the 90-day period immediately before the second anniversary of when their conditional permanent resident status was granted.

Here are some examples illustrating how conditional residency applies:

• Example 1: Marriage-Based Residency

  Maria, a graphic designer from Argentina, met and married Ben, a U.S. citizen, in New York City. They had been married for only eight months when Maria's application for permanent residency was approved. Because their marriage was relatively new at the time she was granted her green card, Maria received a conditional resident status. This means her initial green card is valid for two years. Before those two years are up, Maria and Ben will need to file a joint petition with USCIS to demonstrate that their marriage is genuine and ongoing, allowing Maria to transition to full, unconditional permanent residency.

• Example 2: Investor Program Residency

  Mr. Chen, an entrepreneur from Taiwan, invested $900,000 in a new manufacturing plant in a rural area of Alabama, which was designated as a high-unemployment zone. His investment was intended to create at least 10 full-time jobs for U.S. workers. When his application for an EB-5 investor visa was approved, Mr. Chen was granted conditional resident status. His residency is conditional because the U.S. government needs to verify over the next two years that his investment successfully created and sustained the required number of jobs, fulfilling the economic development goals of the program. He will need to submit evidence of this job creation to remove the conditions on his residency.