In certain circumstances, when a person is granted a U.S. Green Card (U.S. permanent residence), he or she may receive a Green Card on a conditional basis (Conditional Permanent Resident card). Like a traditional Green Card, a Conditional Permanent Resident card allows the person, among others, to live and work in the United States. A Conditional Permanent Resident card is valid for only two (2) years, as opposed to ten (10) years for a general Permanent Resident card. To find out if you are a Conditional Permanent Resident, simply look at your Green Card to determine if it has a 2-year expiration date.
A person may receive U.S. permanent residence on a conditional basis for two main reasons:
- Marriage-Based: He/she obtained permanent residence through a marriage that was less than two (2) years old on the day the person was given permanent residence; or,
- Entrepreneurs: He/she obtained permanent residence based on a qualifying investment.
Unlike a general Permanent Resident Card, a Conditional Permanent Resident card cannot simply be renewed. Instead, a timely petition to remove the conditions on said card must be filed with U.S. Citizenship and Immigration Services (“USCIS”).
To learn more about removing the conditions on a marriage-based Green Card, click here.
To learn more about removing the conditions on an investment-based Green Card, click here.
Consequences of Not Removing the Conditions on a Green Card:
Failure to properly or timely file a petition to remove the conditions on a Green Card may lead to,
- Termination of permanent resident status of the alien; and,
- Removal proceedings (deportation) being instituted against the alien.
However, under certain circumstances, you may be eligible for a waiver. A waiver is whereby USCIS excuses a party for not meeting one or more requirement(s). For more information about available waivers, please contact us.
For more information about removing the conditions on a Green Card or available waivers, please contact us by clicking here.