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What is a conditional green card?

| Oct 26, 2020 | Immigration Law

The vast majority of green card holders have a “permanent” green card. This variety of green card is good for 10 years. However, it is also possible to possess a conditional green card.

A person with a conditional green card has the same rights to work and live in the United States as the holder of a permanent green card. According to US Citizenship and Immigration Services, the US government extends conditional permanent residence status to those who hold their green card due to marriage or entrepreneur status.

How can I remove conditional permanent residence status as somebody married to an American?

You must hold the conditional permanent resident green card for 2 years. After 2 years, you then must fill out Form I-751 with your spouse at least 90 days prior to the card expiring to remove the conditional status. Failure to do this may result in the US government departing you.

In the event that you divorce your spouse prior to obtaining a permanent green card, this does not mean you have to leave the United States. If you can prove to the government that your marriage was a bona fide relationship that failed, you may receive permanent status. Your odds are better if the US citizen was the one that filed for the divorce.

How can I remove conditional permanent residence status as an entrepreneur?

The conditional permanent resident green card for entrepreneurs lasts for 2 years, just like the one for spouses does. Entrepreneurs must fill out Form I-829 at least 90 days prior to the card expiring, or the US may deport the card holder.