How Conditional Resident Status Can Legally Affect Applying for Citizenship

What is Conditional Resident Status?

Conditional resident status is a two-year green card status often given to foreign nationals who:
- Marry a U.S. citizen, or
- Enter the U.S. on an investor visa.
It is very similar to legal permanent resident status:
- You receive a green card.
- You can work in the U.S. without a separate work permit.
After two years, conditional resident status must be converted to permanent resident status.
Failure to convert means loss of legal status and potential deportation.

Normal rule: Green card holders must wait 5 years before applying for naturalization.
Exception: Spouses of U.S. citizens can apply after 3 years.
Time spent as a conditional resident counts toward the residency requirement only if the individual successfully converts to permanent resident status at the end of the two years.

To convert, you must file one of these forms with USCIS:
- Form I-751 – Petition to Remove Conditions on Residence (usually for marriage-based cases).
- Form I-829 – Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (for investor visa holders).
USCIS reviews your file to confirm eligibility.

The start date of permanent residence on your green card will reflect your conditional resident period if conversion was successful.
Use this date to calculate when you can apply for citizenship.

USCIS processing delays can cause the I-751 approval to take longer than the naturalization residency requirement.
If married to a U.S. citizen, you may file Form N-400 for naturalization before I-751 approval, provided you:
- Include a cover letter requesting naturalization under INA Section 319(a).
- Attach your I-751 receipt notice.
- Prove you have lived with your U.S. citizen spouse for 3 years with evidence (shared residence, joint accounts, family photos, etc.).
USCIS will decide on N-400 only if they approve the I-751.
Your spouse should attend your naturalization interview to confirm your marriage and assist the process.

USCIS may fail to transfer your I-751 application to the office handling your N-400, causing delays.
You cannot complete naturalization until USCIS removes conditions on your residence by approving I-751.
Make sure your applications are properly coordinated to avoid delays.

USCIS usually conducts an in-person interview for I-751 to verify the legitimacy of the marriage and submitted information.
The interview can be waived if:
- There is enough evidence of a bona fide marriage.
- USCIS has already interviewed you for related petitions (like I-485 or I-130).
- No fraud or complex issues exist that require further investigation.

Post Views: 11