Green card holders enjoy the right to live and work in the U.S., but some have conditions on their residency. These conditions apply to individuals who receive conditional permanent resident (CPR) status, typically through marriage or investment.
Conditional residents must meet certain requirements to keep their status and eventually obtain a permanent (10-year) green card. Below is some key information on conditions of residence.
Who has conditions on their residence?
Conditional green cards are issued in two main situations:
- Marriage-based residency: If you received a green card through marriage and were married for less than two years at the time of approval, you are given conditional residence. You must then show that your marriage is genuine for at least two years.
- Investor-based residency: If you obtained a green card through the EB-5 immigrant investor program, you must prove that your investment met job-creation requirements.
A conditional green card is valid for only two years. To stay in the U.S., you must apply to remove conditions before it expires.
How to remove conditions on residence
To remove conditions, you must file a petition with U.S. Citizenship and Immigration Services (USCIS) within 90 days before your green card expires:
- Marriage-based green card holders must file Form I-751 with their spouse. If divorced or facing abuse, you may apply alone with a waiver.
- Investor green card holders must file Form I-829, proving their investment created jobs as required.
Failure to file on time can result in losing permanent resident status and possible deportation. If USCIS denies your petition, you may appeal the decision or reapply if eligible.
Removing conditions is a key step in securing permanent residency. If you meet all requirements, you can enjoy the full benefits of a 10-year green card and continue your path toward U.S. citizenship. Immigration law in the U.S. can be complex, so it’s important to have the correct legal information on your side.