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Conditional Greencard?

Conditional Greencard?

Old Jan 30th 2002, 5:11 pm
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Can somebody please explain the difference between an "Unconditional" and a "Conditional" green card. What determines which one you get and what are the implications for each one?
Thank you.
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Old Jan 31st 2002, 1:58 am
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When you have applied for adjustment of status based on marriage to a US citizen, the green card ~type~ is determined by the length of your marriage at the time of the approval of your adjustment of status petition.

If your interview and approval is PRIOR to your second wedding anniversary, the green card is good for two years and you are approved as a "CPR" ... conditional permanent resident. 90 days before the expiration of the two year green card you and your spouse are obligated to file the I-751 to the US service center for your living jurisdiction for the removal of the conditions on your green card.

The service center will send you an I-797 Notice of Action which extends your now expiring green card for one year with all the rights and privileges of the physical card.

If you have your interview and approval AFTER wedding anniversary, the green card is good for ten years and you are admitted to the US as an 1R-1.

Differences in Status:

There are NO DIFFERENCES. CPR's and 1R-1's have all the same legal rights and privileges. They are both eligible to work in the US WITHOUT additional employment documentation. They can leave and re-enter the US without advance parole. Although if you stay outside of the US is more an a year in length, a re-entry permit is required. You are both eligible to apply for naturalization 2 years and 475 days after becoming a permanent resident as long as you meet the other requirements, i.e. still married to USC, x number of days of continued living in the US, etc.

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Old Jan 31st 2002, 4:10 pm
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Thank you for your clarification. My husband is not a USC but here on an H1B visa and now in I140 stage. Should the same reasoning stand for me getting an Unconditional green card as we will have been married 7 years by the time my status changes?
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Old Jan 31st 2002, 7:00 pm
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Those receiving Green Cards based on employment applications get "Unconditional"
Permanent Residence - that is both you and your husband will receive a 10 year Green
Card based on his I-140 application. You will have PR status as long as you remain in
the US (or until you become citizens), but the card has to be renewed every 10 years.

Only those applying for and receiving PR status based on marriage to a US citizen
before they are married for two years receive the Conditional Green Card.

Take Care. Shelley

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