Legal Definitions - conditional resident

A Conditional Resident is a person who is granted permanent resident status on a temporary basis. This means that they are given a green card that is valid for only two years. They must file a petition to remove the condition within the 90-day period immediately preceding the second anniversary of the date they were granted conditional permanent resident status. This is usually the expiration date of their Permanent Resident Card.

• If a noncitizen immigrated to the United States as a spouse of a U.S. citizen before the second anniversary of their marriage, they will be a Conditional Resident.
• If the noncitizen has children, they also may be Conditional Residents.
• The investor visa (EB5 Investor) also grants conditional residency.

These examples illustrate that there are different ways to become a Conditional Resident. It can be through marriage to a U.S. citizen, having children, or investing in the U.S. economy. However, regardless of how they became a Conditional Resident, they must file a petition to remove the condition in order to remain a permanent resident.