|
|
Conditionals
Definition
The provision of Public Law 89-236 for “Conditional” was the primary method of entry for refugees when enacted in 1965 under Section 203(a)(7). This provision was abolished by the Refugee Act of 1980; however, there may be persons with this documentation.
Rule
Conditionals are considered refugees and eligible for RCA/RMA, providing they are time eligible. If time expired, explore other categories of eligibility. Conditionals are not sponsored.
Documents
A Conditional is issued an I-94 that specifically states “Paroled as a refugee” or “Paroled as an asylee.”
Conditional Permanent Resident (CPR)
Definition
A CPR is an noncitizen granted a two-year period of permanent resident status based on a “qualifying” marriage to a U.S. citizen or national, or lawful permanent resident. Children of a U.S. citizen, national or lawful permanent resident may also have this status. The conditional status expires after two years. It is the responsibility of the CPR to obtain new immigration status from USCIS.
Rule
Noncitizens with “conditional permanent resident” status are eligible for public benefits until the expiration date. If the marriage is dissolved within two (2) years, a noncitizen admitted as a result of that marriage loses their resident status and will no longer be eligible for public benefits.
Documents
Document I-551 reflects the conditional nature of the noncitizen's status. Pending receipt of an I-551, passports of noncitizens granted conditional permanent residence will be stamped with the visa classification and the expiration date of the noncitizen's conditionally admitted status. For example, the passport of a noncitizen admitted on 11/12/94 as the spouse of a U.S. citizen would be notated:
ADMITTED: CR-1
UNTIL: NOVEMBER 12, 1996
Since noncitizens admitted under INA Section 216 are all “conditional permanent residents,” expired USCIS documentation CANNOT be accepted as evidence of eligible noncitizen status. Set an alert to follow-up on the expiration of the two-year period.
Related Topics
Noncitizen Categories & USCIS Codes Introduction
Asylees and Authorization to Work