Why does my green card expire after only two years?
- Some individuals are given what is called “conditional residency” which provides them with a green card that expires after only two years, instead of ten years.
- An individual is given a conditional green card for two years if the following is true:
- The individual received their green card through marriage to a U.S. citizen or legal permanent resident of the United States;
- The marriage occurred within two years prior to the conditional resident receiving the approval of their green card.
- Children of the conditional resident may also receive a two-year green card if they were also petitioned and received their residency with their biological parent.
- If you have a two-year green card, you cannot renew your green card using form I-90. If you file Form I-90 in order to change your two-year card to a ten-year card, your application will be denied. You will then likely be beyond the legal deadline to file Form I-751, the required petition.
- It is critical that you file to remove conditions on residency before your green card expires. If an individual fails to file before the green card expires, the law requires that USCIS terminate residency and refer the individual to immigration court for possible removal from the United States.
How can I get a 10-year green card?
- An individual with conditional residency can obtain a ten-year green card by filing a petition to remove the conditions on their residency.
- The petition must be filed in the 90-day period before the expiration date on the two-year green card. It cannot be filed before the 90-day period. If it is filed after the expiration date on the green card, there must be a good reason for filing after the expiration date.
- The general requirement for filing is that both spouses file jointly and both sign the I-751 as a married couple.
- The couple should present evidence of the bona fide nature of their marriage.
- Sometimes, the couple will be required to attend an interview at their local USCIS office where a USCIS officer will determine if the marriage was indeed genuine at its inception.
Can I get a 10-year green card as a former spouse and remove conditions where the marriage has ended or is ending?
- Individuals who received their two-year green card through their U.S. citizen or legal permanent resident spouse can still petition to remove the conditions on their residency and obtain a ten-year green card even if the marriage has ended.
- If the couple wishes to divorce, but has not received a final divorce decree, they should seek legal advice before submitting an I-751. A pending divorce is very problematic, and a qualified immigration attorney should advise you of the appropriate course of action.
- Some of the situations in which you can remove conditions, without your spouse’s signature and participation in the case, include:
- The marriage was entered in good faith, but your spouse has died;
- The marriage was entered in good faith, but the marriage ended in divorce or annulment;
- The marriage was entered in good faith, but either you or your child experience domestic violence from your spouse;
- The termination of your status and removal from the US would result in extreme hardship.
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