Conditional Residents

You are a Conditional Resident if you immigrated to the United States as a spouse of U.S. citizen before the second anniversary of your marriage, which is the basis of your immigrant status. If you have children, they also may be Conditional Residents. The investor visa (EB5 Investor) also grants conditional residency. It requires an application procedure two years after the initial entry to remove the condition on the permanent residency. The expiration date of this conditional resident status is noted on the immigrant’s permanent resident card.

Conditional residents must file either Form I-751 (Petition to Remove the Conditions on Residence), or Form I-829 (Petition by Entrepreneur to Remove Conditions). This petition must be filed within the 90-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. This date is usually the expiration date of your Permanent Resident Card. You can download the I-751 form from the USCIS website. You send the forms directly to the USCIS office indicated on the form along with a U.S. dollar money order for filing fee.

The form must be filed with USCIS. The Consulate General cannot accept the form.


Last modified: November 7, 2008