For couples going through the green card process, it’s important to understand the difference between permanent residency and conditional permanent residency. If you’re married to a U.S. citizen or lawful permanent resident and you’ve recently received your green card, you may have noticed that it’s only valid for two years instead of the usual ten. So what does that mean, and what should you do next? Continue reading and reach out to a seasoned New York City immigration lawyer from the Lightman Law Firm to learn more about conditional permanent resident status and how our legal team can assist you.
Why is permanent resident status conditional for some spouses?
When a marriage is less than two years old at the time a green card is approved, U.S. Citizenship and Immigration Services (USCIS) issues a conditional green card. This two-year conditional permanent resident (CPR) status is meant to deter marriage fraud and ensure that the marriage is legitimate and entered into in good faith–not just for immigration benefits.
This policy reflects a broader effort by USCIS to maintain the integrity of the immigration system. In short, the government wants to be sure that your relationship is real and ongoing. And while that may sound daunting, for couples in genuine marriages, this process is manageable with the right guidance and preparation.
How do you remove the conditions on your green card?
To move from a conditional green card to a standard 10-year green card, you must file Form I-751, Petition to Remove Conditions on Residence. This form must be submitted within the 90-day window before your conditional green card expires. Missing this window can have serious consequences, including the loss of your status and potential removal proceedings.
Typically, spouses file this form jointly, meaning both the U.S. citizen or permanent resident and the conditional resident sign and submit the petition together. You’ll need to provide evidence that the marriage is still valid and ongoing. This could include joint bank account statements, lease or mortgage agreements, photos, travel itineraries, or affidavits from friends and family who can attest to the relationship.
In cases where the marriage has ended or there are issues such as abuse, a waiver of the joint filing requirement may be available. This is where working with an experienced immigration attorney can be especially helpful. An attorney can help you present a strong case and ensure your rights are protected.
What happens if you don’t remove the conditions?
If you don’t file to remove the conditions before your two-year green card expires, your conditional resident status will automatically be terminated. That means you’ll begin to accrue unlawful presence in the U.S., which can trigger removal proceedings and impact your ability to stay in or return to the country in the future.
Fortunately, with timely action, most couples are able to successfully transition from conditional to permanent residency without issue. It’s all about knowing what’s required, gathering the right documentation, and meeting your deadlines.
If you have additional questions about your conditional permanent resident status or wish to speak with an immigration lawyer about your case, simply contact the Lightman Law Firm today.