What is temporary permanent residence?

| Mar 7, 2021 | Immigration |

In some situations, the first green card the US government gives you is not a permanent one. This is conditional permanent residence, and it means that you have permanent status for a shorter amount of time.

While this may seem like an oxymoron, receiving conditional permanent residence is a first step toward a permanent green card. The US government gives out conditional permanent residence in two instances. The first is when a non-US national marries a US national and the second is for non US national entrepreneurs.

How long does the US government enforce temporary status?

For both the entrepreneur and the marriage visa, conditional permanent residence is for two years. Once you enter the 90-day period before the conditional permanent residency expires, you must petition the US government for permanent residence status.

If you have conditional permanent residence as a result of marriage, you must fill out form I-751 during this 90-day period before your temporary residence expires. If you have conditional permanent residence as a result of entrepreneur status, you must fill out form I-829 during the same time frame.

What if I divorce my spouse during this time?

The majority of persons with temporary permanent residence in the US are here due to marriage. Many temporary permanent resident holders worried what might happen if the relationship with their US spouse ends.

Depending on your circumstances, it is still possible for you to file for permanent residency even if you and your US spouse get divorced. your chances are better if the reason your marriage ended was due to infidelity or other unscrupulous conduct on the part of your spouse.