Getting a green card is a huge achievement for anyone who wants to live and work in the United States. But not all green cards are the same. If you’ve recently received a conditional green card or are considering applying for one, you may have some questions. What exactly it is, and how is it different from a permanent one?
In this article, we’ll explain what a conditional green card is, who can get one, and how the process works. We’ll also guide you through turning a conditional green card into a permanent one.
What is a Conditional Green Card?
A conditional green card is a type of U.S. permanent residency granted under specific circumstances, typically for two years. This means that while you have many of the same rights as any other green card holder, such as the ability to live and work in the U.S., your status is conditional for the first two years.
The primary difference between a it and a permanent one is that a conditional green card does not automatically become permanent. After two years, you must take additional steps to remove the conditions on your residency to receive a permanent green card that is valid for ten years. Failure to do so means you could lose your permanent resident status and may be required to leave the United States.
In cases where a conditional green card is based on marriage to a U.S. citizen or permanent resident, you will need to prove that the marriage is legitimate before you can remove the conditions. This process is essential to securing a permanent status in the U.S. after two years.
- It is valid for only two years.
- It cannot be renewed; you must remove the conditions before it expires.
- In marriage-based cases, you must prove your marriage is real.
How Is It Different from a Permanent One?
The duration and requirements are the most significant differences between a conditional green card and a permanent green card. A permanent green card is typically valid for ten years and can be renewed indefinitely as long as the cardholder maintains their permanent resident status. In contrast, a conditional green card is temporary and is subject to review after two years. If the conditions are not removed, you could lose your residency status.
Here are some key differences:
- Validity Period: A permanent one is valid for 10 years, while a conditional one is valid for only 2 years.
- Renewability: A conditional green card cannot be renewed; you must apply to remove the conditions. A permanent green card can be renewed indefinitely as long as the cardholder follows U.S. immigration laws.
- Requirement to Prove Legitimacy: For conditional green cards based on marriage, you must prove the legitimacy of your marriage after two years. This step isn’t required for a permanent green card unless circumstances change.
- Status Security: While the conditional green card provides temporary status, the permanent green card grants long-term security as long as conditions are met.
Who Qualifies for a Conditional Green Card?
- Marriage-Based Green Cards
If you are married to a U.S. citizen or permanent resident, and you’ve been married for less than two years when your green card is approved, you will be issued a conditional green card. This is typically done to prevent marriage fraud—if a marriage is less than two years old, USCIS wants to ensure it’s genuine. After two years, you’ll need to prove that your marriage is real to move to a permanent status.
If a foreign national marries a U.S. citizen and receives a green card based on that marriage, but the marriage is less than two years old at the time of approval, they will receive a this. After two years, they must submit Form I-751 to prove the legitimacy of their marriage and remove the conditions.
- EB-5 Investor Green Cards
The EB-5 Immigrant Investor Program grants conditional green cards to foreign investors who contribute significant financial resources to create jobs in the U.S. The initial green card issued to these investors is conditional and lasts two years. After this period, the investor must file Form I-829 to demonstrate that their investment has created the required jobs and met other program requirements. If everything checks out, they will receive a permanent green card.
A foreign investor who invests $1 million (or $500,000 in certain rural areas) into a U.S. business that creates jobs will receive this. After two years, the investor must provide proof of job creation and other criteria to remove the conditions.
How to Apply For Removal of Conditions
To transition from a conditional green card to a permanent one, you need to file Form I-751, “Petition to Remove Conditions on Residence.” The filing must happen within the 90-day window before your conditional green card expires. Failing to do so could lead to the loss of your permanent resident status.
Important Steps:
- Timing: Make sure to file your I-751 within the 90-day period before the green card expires. Filing too early or too late could result in delays or denials.
- Joint Petition: If your conditional green card is based on marriage, both you and your spouse must sign and submit the petition together.
- Provide Evidence: USCIS will require evidence proving the legitimacy of your marriage. This can include joint financial records, shared property, photos, and possibly even children together. The more evidence you can provide, the better.
- Pay the Fee: There is a filing fee associated with Form I-751, and it’s important to ensure that payment is made correctly.
Once you’ve filed the petition, USCIS will review your case, and if everything checks out, they will remove the conditions and grant you a permanent green card.
What Happens If You Fail to Remove the Conditions on Time?
If you do not successfully remove the conditions on your green card before it expires, you will lose your permanent resident status and may be considered out of status. This can lead to various negative consequences, such as deportation proceedings or being barred from re-entering the U.S. for a specific period. The longer you wait, the more complicated your case may become.
Consequences:
- Loss of lawful status
- Accruing “unlawful presence,” which can lead to deportation
- Being barred from re-entering the U.S. for 3 or 10 years if you leave the country
What If My Spouse Passes Away While I Have a Conditional Green Card?
If your spouse passes away before you can file for the removal of conditions, you can still apply for a permanent green card. However, the process will look a bit different.
You will need to file Form I-751 on your own, and you will need to provide a death certificate and any other supporting documentation showing the legitimacy of your marriage. Unlike other cases, you do not have to wait for the 90-day window before filing. You can apply at any time between your spouse’s death and the expiration of your conditional green card.
Need Help With Your Conditional Green Card? Contact Our Immigration Team Today
If you’re facing the challenges of having a conditional green card, don’t hesitate to reach out to our team for expert assistance. At 360 Immigration Law Group, we help people navigate the complexities of U.S. immigration law with clarity and ease. Whether you’re preparing to remove the conditions on your green card or need guidance on how to meet all necessary requirements, we’re here to support you every step of the way. Call us today at 954-667-3660 to schedule a consultation. We offer consultations in English, Spanish, and Portuguese to clients across the U.S. and internationally. Let us help you take the proper steps to secure your permanent residency status!