USA Conditional Resident Visa

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[2025] USA Conditional Resident Visa: Everything You Need to Know
Introduction
The Conditional Resident Visa in the United States is a temporary status granted to certain foreign nationals, typically those who obtained their Green Card through marriage or entrepreneurship. This status is conditional because it requires the beneficiary to meet specific criteria within a set period to transition to permanent residency. In this detailed guide, we’ll explore who qualifies for a conditional Green Card, the application process, requirements for removal of conditions, and associated costs.
What Is a Conditional Resident Visa?
A Conditional Resident Visa grants a two-year Green Card to foreign nationals who:
- Entered the U.S. based on a marriage to a U.S. citizen or lawful permanent resident that was less than two years old at the time of approval.
- Received residency through the EB-5 Immigrant Investor Program for business investment.
This status ensures the applicant meets the conditions of the underlying visa category before receiving full permanent residency.
Eligibility Criteria
Marriage-Based Conditional Green Card
- The marriage must be bona fide and not for immigration purposes.
- The marriage must have occurred less than two years before the conditional Green Card approval.
- Both spouses must jointly apply to remove conditions after two years.
Investment-Based Conditional Green Card (EB-5)
- The applicant must have invested a minimum of $800,000 in a qualified U.S. commercial enterprise.
- The investment must create or preserve at least 10 full-time jobs for U.S. workers.
- The enterprise must demonstrate progress within two years.
Application Process for Conditional Residency
Step 1: File the Initial Petition
- Marriage-Based Cases: File Form I-130 (Petition for Alien Relative) and adjust status with Form I-485 if within the U.S.
- Investment-Based Cases: File Form I-526 (Immigrant Petition by Alien Investor).
Step 2: Attend Biometrics Appointment
The applicant must attend a biometrics appointment for fingerprinting and background checks.
Step 3: Conditional Green Card Approval
Once approved, the foreign national receives a two-year Green Card.
Removing Conditions
The process to remove conditions varies depending on the visa category.
Marriage-Based Green Card
- File Form I-751 (Petition to Remove Conditions on Residence): Must be filed within 90 days before the Green Card expiration date.
- Evidence of Bona Fide Marriage: Provide documentation like joint leases, bank accounts, insurance policies, and affidavits from friends or family.
- Attend Interview: Both spouses may be required to attend an interview to verify the authenticity of the marriage.
Investment-Based Green Card
- File Form I-829 (Petition by Investor to Remove Conditions): Must demonstrate that the investment remains active and has created or preserved the required jobs.
- Provide Evidence: Include business records, tax returns, and employment documentation.
Associated Costs
- Marriage-Based Green Card:
- Initial Filing Fees: $1,225 (Form I-485 and biometrics)
- Removal of Conditions: $680 (Form I-751)
- Investment-Based Green Card:
- Initial Filing Fees: $3,675 (Form I-526)
- Removal of Conditions: $3,835 (Form I-829)
- Additional Costs:
- Medical Examination: $200-$500
- Legal Fees (if applicable): Varies based on case complexity
Key Points to Remember
- Timely Filing: Failure to file Form I-751 or I-829 on time may result in the loss of conditional resident status and possible deportation.
- Fraud Prevention: USCIS closely scrutinizes marriage-based cases for signs of fraud. Ensure all documentation is accurate and comprehensive.
- Conditional Residency Extension: If the removal petition is filed on time, conditional resident status is automatically extended while USCIS processes the case.
Conclusion
The U.S. Conditional Resident Visa is a vital pathway for foreign nationals to establish their residency based on marriage or investment. While it comes with unique challenges, thorough preparation and compliance with USCIS requirements can ensure a smooth transition to permanent residency.
At Law Tycoon, we provide expert assistance with conditional residency applications, removal of conditions, and other immigration needs. Contact us today for personalized guidance.
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