Conditional Green Cards: What They Are and How to Remove the Conditions

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Conditional green cards are a crucial step for individuals seeking permanent residency in the U.S., particularly those who obtained their status through marriage or investment. In this post, we will outline the process to remove conditions from a conditional green card and highlight the importance of consulting an attorney near you to navigate any complexities that may arise.

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Learn about conditional green cards, including what they are and how to remove the conditions before your status becomes permanent. If you need legal assistance, find an immigration attorney near you to navigate the process effectively.

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Conditional Green Cards: What They Are and How to Remove the Conditions

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Feb 25, 2025 09:13 PM

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Conditional Green Cards: What They Are and How to Remove the Conditions

If you have a conditional green card, you're on the path to permanent residency in the U.S., but there's one more hurdle—you must remove the conditions before your status becomes permanent. A conditional green card is typically issued to individuals who obtain their status through marriage or as an entrepreneur, and it is only valid for two years.

Failure to remove the conditions before your green card expires can lead to loss of legal status and potential removal (deportation). In this guide, we’ll walk you through:

What a conditional green card is and who gets one

The process to remove conditions and obtain a 10-year green card

Steps to take if your situation has changed (such as divorce or abuse)

What to do if your petition is denied

Let’s break it all down.

💡 For every post in this series, scroll down to “Related Posts.”

What Is a Conditional Green Card?

A conditional green card is a temporary permanent resident card issued for two years. It applies in two main situations:

Marriage-Based Green Cards – If you obtained your green card through marriage to a U.S. citizen or lawful permanent resident, and your marriage was less than two years old when you received it.

Entrepreneurs and Investors (EB-5 Visa Holders) – If you obtained a green card through investment in a U.S. business under the EB-5 Immigrant Investor Program, you must demonstrate that you have met investment and job-creation requirements.

A conditional green card is issued to prevent fraud and ensure that the marriage or investment is legitimate before granting permanent residency.

How to Remove Conditions from a Green Card

To become a permanent resident, you must file a petition to remove conditions within the 90-day window before your two-year green card expires.

For Marriage-Based Green Cards

If you obtained your green card through marriage, you must file Form I-751, Petition to Remove Conditions on Residence.

Step-by-Step Process for I-751:

File Jointly with Your Spouse

You and your spouse must file Form I-751 together if you are still married.

You must provide proof of a bona fide marriage, such as:

Joint bank accounts
Lease/mortgage in both names
Birth certificates of children (if applicable)
Photos together over the years
Insurance policies listing both spouses

If You Are Divorced, Widowed, or Have Experienced Abuse

You can still file Form I-751 if:

You are divorced but can prove the marriage was genuine.
You were abused or subjected to extreme cruelty.
Your spouse has died.

You’ll need to request a waiver and submit additional evidence.

USCIS Interview (If Required)

In some cases, USCIS may request an interview to verify your relationship.

If your evidence is strong, an interview may be waived.

Approval & Permanent Green Card Issuance

If approved, you will receive a 10-year green card.

For EB-5 Investors

If you obtained a green card through investment, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

Step-by-Step Process for I-829:

File Form I-829

You must prove that you fulfilled the EB-5 investment requirements, including:

Investing at least $900,000 to $1.8 million (depending on location).
Creating at least 10 full-time jobs for U.S. workers.

USCIS Review & Approval

If approved, you will receive a permanent green card (valid for 10 years).

What Happens If You Don’t Remove Conditions?

If you fail to file to remove conditions before your conditional green card expires, you risk:

Losing your legal status

Facing deportation (removal proceedings)

Difficulties obtaining future visas or citizenship

However, you can file for a waiver if you miss the deadline but have a valid reason, such as extreme hardship.

What If Your Petition Is Denied?

If USCIS denies your I-751 or I-829 petition, you may:

Receive a Notice to Appear (NTA) in immigration court.

File an appeal or request review.

Hire an immigration attorney to defend your case.

A denial does not mean automatic deportation, but you must act quickly.

Conclusion

A conditional green card is an important step toward permanent residency, but failing to remove the conditions can jeopardize your status. To ensure a smooth transition to a 10-year green card, follow these steps:

File your petition on time (within 90 days before expiration).

Provide strong evidence of your marriage or investment.

Prepare for an interview, if required.

Seek legal help if you are divorced, widowed, or in a difficult situation.

If you need legal assistance, don’t risk your status—find an immigration attorney near you through ReferU.AI. Our platform connects you with top immigration attorneys who specialize in green card issues. Get help today! 🚀

Conditional Green Cards: What They Are and How to Remove the Conditions