What Requirements Apply to a Person With a Conditional Green Card?

 Posted on August 11, 2022 in Immigration

Immigrants to the United States have a number of options for receiving authorization to live in the country permanently. Most of the time, when a person receives a Green Card, it will be valid for 10 years, and it will be renewable. However, there are some situations where a conditional Green Card will be issued that will only be valid for two years. If you have received a conditional Green Card, it is important to be aware of the special requirements that apply to you in order to maintain your legal status in the United States.

When Are Conditional Green Cards Issued?

10-year Green Cards may be issued to those who are approved for certain types of family-based and employment-based visas. Conditional Green Cards may be appropriate in the following situations:

• Green Cards based on marriage - If a couple applies for a K visa that will allow a foreign fiancé(e) to come to the U.S. for the purpose of getting married, a spouse will receive a conditional Green Card. If a couple had been married for less than two years when applying for an Immediate Relative visa, a conditional Green Card will be issued to the foreign-born spouse. The child of a foreign fiancé(e) may be included in a K visa application, and they will also receive a conditional Green Card.

• Green Cards for investors - Entrepreneurs who plan to invest in new commercial enterprises in the United States may apply for an EB-5 investor visa, and if their application is granted, they will be issued a conditional Green Card. Derivative family members, including the spouse and minor children of the investor, may also receive conditional Green Cards.

Removing the Conditions on Permanent Residence

Since a conditional Green Card is valid for two years, an immigrant will need to apply for a permanent Green Card before their conditional permanent residence expires. A petition to remove the conditions on permanent residence must be filed within 90 days of a conditional Green Card's expiration date. Failure to do so will result in the termination of a person's conditional permanent resident status, and they may become eligible for deportation.

In most cases, a couple that is still married after two years will need to file a joint petition to remove the conditions on permanent residence. However, a foreign-born spouse may file a petition on their own if their spouse is deceased or if their marriage ended through divorce or annulment, as long as they can show that they got married in good faith. A person who was married in good faith and who was the victim of abuse by their spouse may also be able to apply for a permanent Green Card under the Violence Against Women Act.

When applying to remove the conditions on permanent residence, an investor will need to provide supporting evidence showing that they have met all applicable requirements. This includes financial documentation showing that they have sustained their investment in a business, such as bank statements, invoices, contracts, and tax returns. They will also need to provide evidence that they have created or will create at least 10 full-time jobs, including payroll records or I-9 forms.

Contact Our Irving Green Card Lawyers

If you are an immigrant who has received a conditional Green Card, it is important to be aware of the special requirements that apply to you. At John W. Lawit, LLC, we can help you understand and meet these requirements, and we can also assist with applications to remove the conditions on permanent residence. If you have any questions about Green Cards or any other aspect of U.S. immigration law, contact our Grand Prairie immigration attorneys at 214-609-2242 to arrange a consultation. 

Sources:

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/remove-conditions-on-permanent-residence-for-entrepreneurs-investors