Differences Between Lawful Permanent Residents and Conditional Permanent Residents

Published: January 27, 2022

Non-American residents can turn into full-fledged citizens through migration. However, it is a common misconception that everyone who acquires a Greed Card end up with the same status. Because of some legal circumstances, one may become a Lawful Permanent Resident or Conditional Permanent Resident. 

Lawful Permanent Resident

A Lawful Permanent Resident refers to an individual who was legally admitted to the United States for permanent residence after complying with the provisions of the Immigration and Nationality Act (INA). Aside from living in the country indefinitely, Lawful Permanent Residents can work for almost all U.S. employers or themselves.

Conditional Permanent Resident

As the name suggests, Conditional Permanent Residents refer to individuals granted a particular type of permanent residence with specific conditions. The government issues a Conditional Permanent Resident green card for applicants married to U.S. citizens or lawful permanent residents for less than 2 years. If the said American partner petitions for their non-American spouse’s children through a family-based Green Card, the USCIS may grant Conditional Permanent Residence for the latter as well. Non-American entrepreneurs may also receive the same. Better to consult with an immigration lawyer for more information on both types.

Their Differences

The main difference between having a Lawful Permanent Residence and a Conditional Permanent Residence is the existence of conditions for renewal and the length of the issuance’s legality. Besides American laws and regulations, Lawful Permanent Residents may enjoy their residential rights at will. However, Conditional Permanent Residents have to fulfill the conditions of their Green Card to avoid losing their privileges.

Lawful Permanent Residence lasts for ten (10) years and may be renewed regularly upon expiry. On the other hand, Conditional Permanent Residence may only last for two (2) years. It may not be renewed or modified unless the set conditions have been removed.

Removing the Conditions

The USCIS deals with two types of Conditional Permanent Citizenships, one based on marriage and another on entrepreneurship. 

Marriage-based applicants must wait for at least ninety (90) before the expiration of their conditional permanent resident card before applying for the removal of conditions. They should also prove that they did not get married to circumvent the immigration laws of the United States. The applicant must file Form I-751 (Petition to Remove Conditions on Residence) to remove conditions. Note that the processing period may last twelve (12) to eighteen (18) months.

For the latter, applicants must file Form I-829 (Petition by Entrepreneur to Remove Conditions) within ninety (90) days before the expiration of the initial two-year period. Failure to file the form within the allowable timeframe may warrant deportation proceedings. After filing, the applicant may legally stay in the United States, if the USCIS has granted them an extension, until the period specified in the notice of extension or when USCIS finishes processing the petition.

On both occasions, once their submissions are approved, the applicant’s Conditional Permanent Residence will be converted into a Lawful Permanent Residence. He will be eligible for a ten-year, renewable stay.

We Are Here for You

Do you have questions about Lawful Permanent Residence, Conditional Permanent Residence, or anything about immigration, in general? ALG Lawyers have knowledgeable Los Angeles immigration attorneys at your service. Being in the industry for some time now, we can offer sound advice and realistic insights. Book an appointment with us so we can thoroughly discuss your queries.