U.S. Citizenship and Immigration Services (USCIS) issues certain permanent residents a conditional green card which is valid for a two-year period. In order to remain a permanent resident, a conditional permanent resident generally must file a petition to “remove the conditions” during the 90 days before the card expires. Do not use Form I-90 to renew a conditional green card.
Upon successfully removing conditions on residence, the permanent resident (along with any children that filed on the same petition) will become lawful permanent residents with 10-year green cards.
Removing Conditions on Your Green Card
Removing Conditions as the Spouse of a U.S. Citizen
If your marriage was less than two years old on the day you were granted permanent residence, USCIS issues a conditional green card. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. Generally, this will be indicated with a class of admission that begins with “CR.” In the sample green card displayed above, you’ll see the “CR6” for the category.
Your status is conditional because you must prove that you did not get married to evade U.S. immigration laws. The conditional green card is like a probation period for two years during which the couple builds a record of their married relationship. At the end of that period, the couple files Form I-751, Petition to Remove Conditions on Residence, and other supporting documents as evidence of a bona fide marriage.
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Removing Conditions as an Investor
For permanent residence based on a financial investment in the United States, USCIS may also issue a conditional green card. They grant you conditional resident status on the day you are lawfully admitted to the United States. You must file Form I-829, Petition by Entrepreneur to Remove Conditions, to remove the conditions on your status in the 90-period before the second anniversary of your admission.
Failure to Remove Conditions on Conditional Green Card
If you do not file Form I-751 as required, you will automatically lose your conditional permanent resident status on the card’s expiration date. As a result, you will become removable (deportable) from the United States.
The conditional two-year period is in place to help prevent green card fraud. Therefore, conditional green card holders should take the filing process very seriously. It is a legal process and more than just filing a form.
CitizenPath can help make this process easy. Use our affordable service to prepare Form I-751. In addition to a ready-to-sign form, you’ll get filing instructions customized to your specific situation. Our filing instructions will provide directions for specific supporting documents, how to organize your I-751 package, and where to mail it.
Successfully Filing Form I-751
After successfully filing Form I-751, USCIS will generally mail you a receipt letter within 6 to 8 weeks. The receipt letter is formally known as Form I-797C, Notice of Action. The receipt letter has a receipt number to track your case. But the letter will also extend your conditional residence for an additional 48 months while USCIS reviews your case. To prove your conditional resident status, you’ll need to carry your expired green card and the receipt letter. Used together, they function like a normal green card. If the letter expires before you receive your 10-year green card, contact USCIS to request a new letter.
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Expired Conditional Green Card
If you didn’t file Form I-751 and your conditional green card expired, don’t wait for immigration officials to contact you. It’s best to seek the advice of an immigration attorney. If you failed to file the I-751 petition in the 90-day period before your card expired, you are likely removable (deportable) from the United States. It is extremely important for you to address the situation as soon as possible.
In certain circumstances you may be able to file Form I-751 on your own even after the card expired. If you failed to file the I-751 petition through no fault of your own, you may file late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the petition that the delay was due to extraordinary circumstances beyond your control and the length of the delay was reasonable.