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What rights do we have with the EB-5 two-year conditional green card?

My husband currently holds a conditional permanent resident card through EB-5. He used it as proof of legal status at the BMV in order to obtain a commercial driver's permit. After this he went on to pursue his commercial driver's license and was issued his Class A CDL. Now, three months later he received a letter in the mail from the BMV stating that his CDL will be canceled because it was issued fraudulently because they did not accept his conditional permanent resident card. To our understanding there is no difference between the two year and 10 year green card - is this correct? We need to protect his CDL and job for our family welfare!

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, a conditional green card is the same as a regular green card for proof of residency, but specialized things like this may be subject to different rules.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Both conditional and 10-year (permanent) green cards guarantee the same rights. However, what is at issue here does not appear to relate to the issuance of the EB-5 immigrant visa or not. The state Vehicle Code (administered by the Bureau of Motor Vehicles) governs this type of matter depending on your state and it will be the main source of resolution as well. Advisably, consult an attorney handling the case before the Bureau of Motor Vehicles.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Conditional permanent residents have the same rights and privileges as all other U.S. permanent residents. He is entitled to a driver's license. This likely is a training issue or just a mistake; I would ask to speak to a supervisor.

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    Charles Foster

    Immigration Attorney
    Answered on

    Normally, there would be no difference between a conditional permanent resident and a regular lawful permanent resident of the United States irrespective of how such status was acquired. There may be a misunderstanding on the part of the BMV. Surely there was no fraud involved if your husband showed his permanent resident card. Since driver's licenses are issued on a state by state basis, this is not a question of immigration law, but rather the statutory provisions pertaining to the issuance of commercial driver's licenses in the state where you reside.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    This does seem to be an error by the DMV. I would ask to speak to one of the supervisors.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The conditional green card gives one the same rights as a permanent green card. You should hire an immigration attorney to assist you with your husband's issue.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The conditional card two year card is identical to the 10 year card in terms of rights and obligations, and the decision is therefore erroneous.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You are correct. There are no restrictions/differences as far as immigration status/benefit is concerned for conditional permanent residents vs. permanent residents (without any conditions) - with exception to the requirement to file to remove the condition within the two-year period. However, the DMV/BMV(?) may have its own restrictions on issuing a limited driver's license when there is an expiration date on the residence, or they misunderstood what a conditional permanent resident card/status may be. Further enquiry definitely is recommended.

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