What If My Conditional Permanent Residence Is Terminated?

 Posted on December 27, 2019 in Immigration

Immigration is a popular topic these days due to the current White House administration’s focus on securing our borders. If someone from another country wishes to become a United States citizen, it is not as easy as simply obtaining a passport and buying a plane ticket. A foreign national must complete many legal steps to immigrate to the United States. The United States Citizenship and Immigration Services (USCIS) administers the country’s immigration and naturalization system. The USCIS recently released a set of guidelines on what to do if an alien’s conditional permanent residence status ends.

What Is Conditional Permanent Residence Status?

A Conditional Permanent Resident (CPR) is when a foreign national is granted permanent resident status in the United States on a conditional basis. This can be a spouse of a U.S. citizen or an immigrant entrepreneur (investor). As a CPR, an alien receives a Green Card, which is valid for two years.

If a CPR wishes to become a permanent resident, he or she must file a petition to remove the conditional status within 90 days before the Green Card expires. The conditions must be removed or the immigrant will lose permanent resident status.

A foreigner who has CPR designation can obtain lawful permanent resident (LPR) status in two ways: getting married to a U.S. citizen or LPR, or with an immigrant investor (EB-5) visa. The marriage is not more than two years old when the immigrant adjusts status or is eligible for LPR status.

An immigrant with CPR status is typically ineligible to change his or her status on a new basis according to the rules of the Immigration and Nationality Act. Regardless, the USCIS may adjust an alien’s status if his or her CPR status has been terminated and:

• The alien has a new reason for adjustment of status.
• The alien otherwise qualifies for adjustment of status.
• USCIS has authority over the application for adjustment of status.

It is important to note that time in the previous CPR status cannot be applied toward the residency requirements for naturalization. These guidelines are for those applications to change status that are filed with USCIS on or after Nov. 21, 2019.

Contact an Illinois Immigration Attorney

Immigrating to the United States can be a confusing process. The USCIS recently released guidance on what to do if you or your loved one’s CPR status is terminated. Certain conditions may allow for an adjustment of status. At the Mevorah & Giglio Law Offices, we understand how important it is for you and your spouse to be together as soon as possible. Our qualified Illinois immigration attorneys know the immigration laws. We will assist you through the legal process to help make sure you complete all the necessary paperwork. To schedule your free consultation, call our office today at 630-932-9100.