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Questions & Answers

What are restrictions on conditional permanent residency?

What are the differences between conditional permanent residence and permanent residence? More specifically, if I got the conditional permanent resident card, how could my parents apply for a B-2 visa and visit the United States?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    The conditional permanent residence expires after two years of issuance. The conditional green card holder must file an I-829 removal of condition within 90 days of the two year anniversary of the conditional permanent residence. A permanent residence status does not expire. However, the physical permanent resident card expires in 10 years requiring a renewal. Your parents may apply for a B-2 visa regardless of your immigration status.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    There are no restrictions per se, other than that it can be revoked after two years if the requirements are not met. Your parents can apply for a B-2.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your parents can apply for a B-2 independently of your immigration status, but we would review you and your parents'' timelines and goals to help with an approvable process.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your parents can apply for a visitors visa at any time. Your conditional or unconditional permanent residency will have no bearing on the granting of the parents'' B-2 visa. That is, the fact that you have permanent residency status will not be a basis for the parents to visit and stay in the United States.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    A conditional card is good for two years and prior to its completion, satisfying to USCIS that various requirements have been meet. Neither has anything to do with your parents B-2 application which has independent criteria.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The conditional green card is temporary for two years, while permanent is just that, permanent. There is no difference in what you could do, such as inviting your parents for visit, except your condition must be removed after two years, or you won''t be in green card status anymore.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For all intents and purposes, you are a lawful permanent resident (a ''greencard'' holder) during your conditional permanent resident status (the only restriction is that you would need to remove the condition in two years of being granted it). As far as how that would affect your parent''s B-2 application, they would have to disclose you (an immediate relative) as being a permanent resident in the United States. They should provide solid ties to their home country for their B-2 application.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Your parents can apply for a B-2 to visit the United States if they want to visit the United States. There is no requirement to have a relative living in the United States to get a tourist visa.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The only difference is that you must file a petition to remove the condition in two years. Otherwise, a conditional green card is the same as a permanent green card.

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