There are two types of conditional residents who must file the application for the removal of the condition on their status as residents of the United States. This application must be timely filed within 90 days prior to the expiration of the conditional residency.
The foreign citizen spouse of a U.S. citizen who received the status prior to the second anniversary of the marriage is initially granted condition residency that is good for 2 years. Pursuant to Section 216 of the Immigration and Nationality Act, the spouses must jointly and timely file the petition to remove the condition.
An entrepreneur who receives the conditional residency pursuant to an investment under the EB-5 program is also required to submit an application to remove the condition. Here, the entrepreneur must prove the creation of at least 10 jobs for local workers within the two-year conditional residency period.
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