When do you receive a conditional green card and how do you transition to a permanent one?
There are two types of American green cards: one is a two-year green card, also called a temporary green card; the other is a ten-year green card, also called a permanent green card. The green card most people get for the first time is a ten-year green card. There are two categories of green card applicant who will receive a temporary green card before their permanent green card.
The first category is an applicant based on marriage. A marriage-based green card recipient will receive a two-year green card if they have been married for less than two years prior to the petition for an alien relative. After two years, they will receive a ten-year green card upon filing and approval of a Form I-751. The second category is investment immigration, or EB-5 immigration. A successful EB-5 petitioner will receive an initial two-year green card. The conditions on that green card may be removed once the person submits relevant materials within 90 days before the expiration date of their temporary green card.This will lead to a 10 year permanent green card.
This blog post will focus on the application for a permanent green card through a marriage application.
There is a strict time limit for submission: the applicant must submit the Form I-751 application within 90 days prior to the expiration of the temporary green card, i.e., submit the Form I-751 application between the 21st and 24th months the green card is valid. Submitting too early or too late will lead to a rejection by USCIS.
If the application is submitted after the two-year green card expires: a late application will be rejected unless the late due to force majeure and objectively not your fault.
️The consequences of delay are serious. You will lose your status the day after your green card expires. If this has happened to you, consult a lawyer.
Application Form
The form to remove conditions from a green card is Form I-751, not I-90. Staggered forms can lead to application rejection or even missed application deadlines.
Examples of applicants in three situations:
First: husband and wife have a good relationship, which is a joint application. This kind of application is mainly to prove that your marriage is real, in good faith, and that you have been living together after getting the green card for two years.
Second: divorce. After two years of obtaining the green card, the relationship between the husband and wife has broken down. They are in the process of divorce or have completed a divorce. In this situation, the application for a permanent green card can be submitted in advance without having to wait until the 21st month. The beneficiary can submit it by themselves, without the help or signature of the former spouse.
Third: the beneficiary has been subjected to domestic violence/abuse during the marriage, but has not yet divorced. In this case, the application can also be submitted in advance, without waiting until the 21st month; the beneficiary can submit it without the help or signature of the spouse.
Application fee: The current application fee is $680. The current application fee could change with any changes in the immigration fees. You should check the amount before applying. Please note that an incorrect fee amount will also lead to rejection of application materials.
When you apply to remove the conditions on your two year green card and change it to a permanent ten-year green card, you can sometimes forego an interview if the supporting materials with your I-751 are properly organized and sufficient. USCIS will simply approve it and send you a new green card.
Applications involving divorce or domestic violence and abuse are relatively more complicated to prepare. If you prepare it yourself, do your best to be timely, accurate and comprehensive; otherwise, seek legal counsel to do it on your behalf.
Good luck with your application and get your green card soon! If you have any questions, you are welcome to consult with us.