What is Conditional Permanent Resident (CPR)?
What is Conditional Permanent Resident (CPR)?
Conditional permanent residence (CPR) is a type of legal status in the United States, usually granted to immigrants who obtain a green card through marriage or investment within the first two years of their marriage or investment. Specifically, this status cannot be renewed. Instead, the conditions must be removed by filing a specific petition. If the conditions are not removed, the CPR will lose their permanent resident status, and they will become removable from the United States.
Rescission of Lawful Permanent Residence Status
Rescission proceeding is removing a person’s lawful permanent resident (LPR) status when USCIS determines that he or she was not eligible for adjustment of status at the time LPR status was granted. Specifically, rescinding may occur when USCIS determines that the person was not eligible for adjustment of status at the time that permanent residence was granted; and the person would have not been eligible for adjustment under any other provision of law.
Please note that a person who has adjusted status to that of a person lawfully admitted for permanent residence under INA 210, 240, 8 USC 1229b, or under any other provision of law may be placed into rescission proceedings at any time during the first 5 years after the granting of permanent residence. Moreover, a determination that a person is not subject to rescission proceedings does not necessarily mean that no further action may be taken. A person who is not subject to rescission may still be subject to removal proceedings.
Certain Spouses and Sons and Daughters per INA 216 or 8USC 1186a
USCIS can also terminate a person’s CPR status if USCIS determines, before the second anniversary of obtaining CPR status, that the qualifying marriage was improper for the following facts such as:
the qualifying marriage was entered into for the purpose of procuring a person’s admission as an immigrant
the qualifying marriage has been judicially annulled or terminated, other than through the death of a spouse; or
a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for filing of a petition under INA 204(a) or INA 214(d) or (p)
In addition to the above stated, USCIS can also terminate CPR status if:
the CPR does not file a “Petition to Remove Conditions on Residence” which requests the removal of the conditions on his or her permanent resident status
the CPR and petitioning spouse fail to appear for their interview in connection with a jointly filed or the CPR fails to appear for his or her interview in connection with based on hardship waiver or
USCIS makes an adverse determination and denies their Form I-751 (based on marriage) / Form I-829 (based on investment)
If USCIS discovers the CPR was not eligible for adjustment of status, but the person’s CPR status should not be terminated according to INA 216; however, USCIS may use the rescission authority of INA 246.
Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
