Answer By law4u team
A Conditional Green Card is a type of Green Card granted to individuals who are given permanent resident status under certain conditions. The most common example of a conditional Green Card is issued to individuals who receive a Green Card through a marriage-based petition and have been married for less than 2 years at the time of approval. It is a temporary Green Card with a two-year expiration period, and its holder must apply to remove the conditions before it expires.
Key Features of a Conditional Green Card:
Validity Period:
A conditional Green Card is valid for two years, unlike the regular Green Card, which is typically valid for ten years.
After the two years, the individual must file for the removal of conditions in order to obtain a permanent Green Card.
Who Gets a Conditional Green Card?:
The most common scenario is for individuals who obtain their Green Card through a marriage-based petition and have been married for less than two years when they receive their Green Card.
Entrepreneurs who invest in a business or certain immigrant programs may also receive a conditional Green Card if they are required to meet certain criteria.
Marriage-Based Conditional Green Cards:
If a person receives a Green Card based on their marriage to a U.S. citizen or permanent resident and the marriage is less than two years old, the Green Card issued will be conditional.
The couple must file a joint petition with Form I-751 to remove the conditions before the Green Card expires.
If the couple is still married, they can apply together. However, if they are no longer married or if there has been a divorce, the individual may have to prove the marriage was legitimate and file as a waiver case.
Steps to Remove the Conditions:
File Form I-751 (Petition to Remove Conditions on Residence):
To remove the conditions on your Green Card, you must file Form I-751 with USCIS.
This must be done within the 90-day period before your conditional Green Card expires.
The form requires evidence that the relationship is still genuine in case of marriage-based Green Cards, such as joint financial documents, photos, and other proof of continued relationship.
Wait for USCIS Processing:
USCIS will review the petition and evidence submitted to determine whether the conditions should be removed.
If the application is approved, the individual will receive a permanent Green Card valid for ten years.
If the conditions are not removed (for example, due to evidence of fraud or the marriage being found to be a sham), the individual may lose their permanent resident status.
If You Fail to Apply for the Removal of Conditions:
Failing to file the I-751 petition on time will result in the individual losing their permanent resident status, which may lead to removal from the U.S.
A conditional resident is not allowed to remain in the U.S. if they do not follow the required steps to remove the conditions.
In Case of Divorce or Separation:
If you are divorced or separated from your spouse before filing Form I-751, you can still file the petition by applying for a waiver of the joint filing requirement.
You must prove that the marriage was genuine and not entered into for fraudulent reasons.
You will need additional evidence, such as proof of the marriage’s legitimacy (e.g., joint bank accounts, leases, or children together).
Example:
If a U.S. citizen marries someone from another country, and the marriage is less than two years old at the time the Green Card application is approved, the spouse will receive a conditional Green Card. They will need to file Form I-751 with their spouse to remove the conditions. After two years, once USCIS approves the petition, the spouse will receive a permanent Green Card.
Conclusion:
A conditional Green Card is given for a two-year period to individuals who have received permanent residency status under specific conditions, such as marriage-based immigration for a marriage that has lasted less than two years. The holder of this conditional status must apply to remove the conditions by filing Form I-751 within the 90-day period before the card expires. Failing to do so can result in the loss of permanent residency status. Once the conditions are removed, the individual will receive a regular Green Card, granting them permanent residency in the U.S.
