I have a conditional U.S. green card. What does it provide me?

Being a conditional resident of the U.S. gives you some special rights and privileges. With your conditional residence green card, you have most of the same rights as a permanent resident. You can:

• travel in and out of the U.S.

• accept employment without separately applying for a work permit

• start working toward U.S. citizenship.

For purposes of applying for naturalization, your time in the United States as a conditional resident counts as a permanent residence if you are later approved for permanent residence.

For purposes of applying for naturalization, your time in the United States as a conditional resident counts as a permanent residence if you are later approved for permanent residence.

How long before my conditional U.S. green card expires?

A conditional permanent resident receives a green card valid for two years. The conditional residency expires after this two year "testing" period. During your two year conditional residence, you must not have committed any acts which would cause the USCIS to reject your petition. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires.

Can I renew my conditional residence green card?

No, the conditional green card cannot be renewed beyond the two-year valid period. Instead, an application to remove the conditions on residence, Form I-751, must be filed in order to obtain a permanent 10-year green card, if you obtained your green card through marriage. If you've applied for a permanent green card during the application process, then you can renew your document by deciding to replace resident card and this will continue to grant you permanent legal status to the country. It is important to be aware that different rules will apply depending on the type of visa that you obtain.

How do I petition to remove conditions on my residence with USCIS?

You may have a conditional green card based on your EB-5 investor green card, or from your marriage-based green card. It is important to remember that your petition must be sent within the 90 day period before your conditional residence ends.

In order to remove the conditions on residence based on your marriage green card, you and your U.S. citizen spouse must submit a joint petition to USCIS. You must also submit documents to prove that you are both in an ongoing, bona fide marriage, such as copies of joint leases, bank accounts, memberships, and more. Birth certificates of any children born to the marriage are also very strong evidence of your marriage and family life together in the United States. For more information on the specific requirements to remove the conditions on your residence based on your marriage green card, please read more here.

If your permanent residence status is conditional because it is based on investment, you will need to prove that you did invest in a business or new enterprise in the United States and that you met other requirements for investors seeking U.S. residence. For more information on the specific requirements to remove the condition on your residence based on your investment EB-5 green card, please read more here.

For help in submitting your petition to remove conditions on your conditional green card, please call or email JCS Immigration and Visa Law Office. Our experienced immigration attorneys can help you complete your petition properly and organize the necessary evidence required to gain USCIS approval.

When do I file my petition to remove conditions on my residence with USCIS?

It is very important to file your petition to remove conditions within the correct window of time and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90-day window, but it is prudent to file fairly early in the window. The USCIS may send a reminder to file this petition on time, however, you should not rely on this reminder. If you do not receive a letter from USCIS, this is not an excuse for filing late.

If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States.

What happens if I receive a denial of my application to remove the conditions on my permanent residence?

Your application to remove conditions is a serious step in your immigration process. If your application is not properly executed, your application may be denied by USCIS. If it is denied, you will receive a letter that will explain the decision. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, the USCIS must prove that the facts on your application were untruthful and that your application was properly denied. If the immigration judge decides to remove you from the country, you may appeal this decision. If your petition was denied by USCIS, you may still have a good chance of appeal. Please contact our experienced immigration and green card attorneys to assess your case in a confidential and free initial consultation.

What if I do not file a USCIS petition to remove the conditions on my U.S. green card?

The conditions must be removed or you will lose your permanent resident status in the U.S. If you fail to properly file your petition to remove the conditions on residence within the 90 day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and USCIS will order removal proceedings against you. You will receive a notice from USCIS telling you that you have failed to remove the conditions, and also a Notice to Appear at a hearing.