A conditional permanent resident is an alien who has been lawfully admitted for permanent residence within the meaning of section 101(a)(20) of the Act, except that a conditional permanent resident is also subject to the conditions and responsibilities set forth in section 216 or 216A of the Act, whichever is applicable, and part 216 of this chapter. Unless otherwise specified, the rights, privileges, responsibilities and duties which apply to all other lawful permanent residents apply equally to conditional permanent residents, including but not limited to the right to apply for naturalization (if otherwise eligible), the right to file petitions on behalf of qualifying relatives, the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed; the duty to register with the Selective Service System, when required; and the responsibility for complying with all laws and regulations of the United States. All references within this chapter to lawful permanent residents apply equally to conditional permanent residents, unless otherwise specified. The conditions of section 216 of the Act shall not apply to lawful permanent resident status based on a self-petitioning relationship under section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 204(a)(1)(b)(ii), or 204(a)(1)(B)(iii) of the Act or based on eligibility as the derivative child of a self-petitioning spouse under section 204(a)(1)(A)(iii) or 204(a)(1)(B)(ii) of the Act, regardless of the date on which the marriage to the abusive citizen or lawful permanent resident occurred.
[53 FR 30018, Aug. 10, 1988, as amended at 59 FR 26590, May 23, 1994; 61 FR 13079, Mar. 26, 1996]
Notes of Decisions
Adrian Da Costa v. Immigration Investor Program Office (2023)
cadc · cites it 2×
“…lawful permanent resident status through a process called “consular processing.” 8 U.S.C. §§ 1186b(a)(1), 1201-02; 8 C.F.R. § 216.1 ; 22 C.F.R. §§ 42.32 (e), 42.41, 42.42; see USCIS, Consular Processing, https://perma.cc/9N3P-6X7S (last updated Aug. 7, 2023). Individuals…”
Gallimore v. Attorney General of the United States (2010)
ca3 · cites it 3×
“Equally plain is 8 C.F.R. § 216.1 , which provides in pertinent part: A conditional permanent resident is an alien who has been lawfully admitted for permanent residence within the meaning of [ 8 U.”
Charles Eleri v. Jefferson Sessions (2017)
ca9 · cites it 3×
“” 8 C.F.R. § 216.1 . An alien must file a petition to eliminate his conditional status within the 90 days before “the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence,” and subsequently attend an interview.”
Abghari v. Gonzales (2009)
cacd · cites it 4×
“” 8 C.F.R. § 216.1 . Those rights, privileges, and responsibilities include “the right to apply for naturalization (if otherwise eligible), the right to file petitions on behalf of qualifying relatives, the privilege of residing permanently in the United States as an immigrant…”
United States v. Stewart (2014)
ca1
“Aside from the removal-of-conditions process, "the rights, privileges, responsibilities and duties which apply to all other lawful permanent residents apply equally to conditional permanent residents,” 8 C.F.R. § 216.1 , but that does not mean that removal of conditions is not a…”
Cyrousi v. Kashyap (2019)
cacd
“See 8 C.F.R. § 216.1 . They possess all "rights, privileges, responsibilities and duties which apply to all other lawful permanent residents .”
Alrefae v. Chertoff (2006)
ca2
“§ 1186a(a)(l); 8 C.F.R. §§ 216.1 -.4. Within ninety days before the two-year anniversary of the granting of conditional permanent residence, the alien and his or her spouse must jointly petition, by filing a Form 1-751, to remove the conditions on residence, and must attach…”
Mohamed Bouras v. Eric Holder, Jr. (2015)
ca7 · cites it 2×
“§ 1186a(a)(1); 8 C.F.R. §216.1 . To gain unconditional status, a conditional permanent resident must establish that he or she entered into the mar- riage in good faith.”
Delaware Valley Regional Center, LLC v. DHS (2024)
cadc
“§ 1186b(a); 8 C.F.R. §§ 216.1 , 245.2. At the end of the conditional period, the investor may file a petition to become a permanent resident in the United States.”
Prosper v. Elwood (2002)
ca3
“…and duties which apply to all other lawful permanent residents apply equally to conditional permanent residents....” 8 C.F.R. § 216.1 .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.