Many permanent resident cards (green cards) are valid for ten years, but some are only valid for two. This is called “conditional permanent residence” and is assigned to certain individuals who applied for permanent residence based on marriage to a U.S. citizen or lawful permanent resident (“LPR”), or through specific investment programs. These types of green cards are not eligible for renewal at the end of the two-year period. Rather, the green card holder must file a petition to remove the conditions on their green card before its expiration. If the conditions are not removed, the green card holder will lose their permanent resident status and become removable from the U.S. Below I will examine removing conditions for immigrants who were granted conditional permanent residence based on marriage.
Why Conditional Permanent Residency?
Marriage-based permanent residence is granted under the condition that the marriage is bona fide, i.e., not entered into solely for immigration benefits. USCIS calls this a marriage “in good faith.” The green card will be conditional if the foreign national spouse and U.S. citizen or LPR spouse were married for less than two years on the date the immigrating spouse’s green card was approved.
Who Can Apply to Remove Conditions?
Conditional permanent residents can apply to remove conditions on their green cards if they meet any of the following eligibility criteria:
They still married to the same U.S. citizen or LPR;
Their U.S. citizen or LPR spouse is now deceased and they entered into the marriage in good faith;
They married in good faith and are now divorced from their U.S. citizen or LPR spouse;
They married in good faith but were battered or subjected to extreme cruelty by their U.S. citizen or LPR spouse; or
Their termination of status and removal from the U.S. would result in extreme hardship.
How to Remove Conditions?
Marriage-based conditional permanent residents must file Form I-751 - Petition to Remove Conditions on Residence - generally in the 90-day period before their conditional residence expires. There are some exceptions when a conditional permanent resident may file Form I-751 at any time before their status expires. There may be a required interview with USCIS before approval of the petition.
Individual immigration matters are unique and may require different strategies. If you have questions about your marriage-based conditional permanent residency, please feel free to contact me through the “Contact Us” link on my website or by emailing info@pdortegalaw.com.
Sources:
“Conditional Permanent Residence.” USCIS, 17 Sept. 2024, www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence.
“Part I - Family-Based Conditional Permanent Residents.” USCIS, 12 Dec. 2023, www.uscis.gov/policy-manual/volume-6-part-i.
“Petition to Remove Conditions on Residence.” USCIS, 13 Nov. 2024, www.uscis.gov/i-751.
