Who qualifies as a conditional resident and how are conditions removed?

• A. A person with a 10-year green card.
• B. A person on a student visa.
• C. A person with conditional permanent residence (marriage-based or investment-based); conditions are removed by filing Form I-751 (marriage) or I-829 (investment) before the two-year anniversary.
• D. A person who has naturalized.

Answer: (C)

Conditional permanent residence is for people who become permanent residents through a qualifying marriage or a qualifying investment, and the status is granted only for two years. During those two years, the person holds a conditional green card. To become a full permanent resident, the conditions must be removed by filing the appropriate petition in the 90 days before the second anniversary of obtaining conditional status. For marriage-based conditional residence, file Form I-751; for investment-based conditional residence, file Form I-829. If USCIS approves the petition, the conditions are removed and a standard 10-year green card is issued. The evidence provided shows the marriage was entered in good faith (marriage-based) or that the investment and job creation requirements were met (investment-based). If the petition is denied or not filed on time, the conditional status can be terminated.