Conditional residents are similar to permanent residents, in that they are suspended between immigrant status and a naturalized citizenship. The government grants conditional residency to men and women who have been married for less than two years on the day that their permanent resident status was granted. Children of these marriages are also considered conditional residents. Immigrant investors are normally deemed conditional residents, as well.

According to the United States Citizen and Immigration Services Guide for New Immigrants, conditional residents have the same rights and responsibilities as a permanent resident, including the obligation to live and work in the United States. Along with the requirements of a permanent resident, conditional residents must file either a Form I-751 or a Form I-829. A Petition by Entrepreneur to Remove Conditions can substitute these forms if the applicant has started his or her own business. If you are not married to a permanent resident or citizen and are not an immigrant inspector or an entrepreneur, then you will most likely need to file a Petition to Remove the Conditions on Residence.

If you immigrated to the United States based on your marriage to citizen or a permanent resident then you and your spouse are required to fill out and submit the Form I-751 together. This will remove your conditional resident status and allow you permanent residency. From there, you can apply for naturalized citizenship. In cases where you are no longer married to your spouse, or your spouse has abused you, you can legally file a Form I-751 by yourself. You can also file independently if you are legally allowed to do so in a variety of special exception cases. If you are an immigrant inspector, you will need to file a Form I-829 instead. Like the I-751, this form must be filled out within 90 days before your expiration date arrives.

In case you forget your expiration date, it is probably on your permanent or conditional residency card. Both forms are available online at the UCIS website for download, or they can be sent as a hard copy though the mail. Once you have filled the form out, you will need to send it to the USCIS Service Center. Your Service Center address is included in the instructions that accompany the form. Both forms come with a small fee. Check with the UCIS to find out what the current cost is of filing these forms, and make sure to include the payment as instructed. Once the Service Center has received your application, they will normally send you a notice that extends your conditional residency for another year or so. During this allotted amount of time, the UCIS will review your forms, and decide whether or not to give your permanent residency.

Regardless of the form you need to fill out, you will need to submit the document within two years of the day that you were granted a conditional residency. Most permanent resident cards only last for two years, so of you fail to apply within this window of time you may be revoked of residency and considered an illegal immigrant. The USCIS suggests that you file within the last 90 days of your two-year conditional residency. Make sure to keep copies of any forms that you send to the UCIS and all other government offices. Never send the original of your document, but instead send the photocopy. Sometimes documents can be lost in the mail, or be damaged en route. Because of these possibilities, you want to make sure that you always have the original forms on hand for additional copies and proof that you filled the documents out.