If you have applied for a green card based on your marriage to a US citizen, you will be issued a conditional green card if your marriage is less than 2 years old. If your green card is an EB-5 investment based green card, it will also be a conditional green card valid for two years.
Conditions
A conditional green card grants permanent resident status for two years. If the condition is not removed before the expiry of two years, the green card will expire and you will loose your permanent resident status. In case of a marriage based conditional green card of the marriage is terminated through divorce before two years from the date of issue of the conditional green card, the alien spouse will loose his or her status as a conditional permanent resident. In a conditional EB-5 investment based green card, you must invest $1 million ($500,000 in a USCIS designated regional center) or more in the US and provide full time employment to 10 or more US workers.
Responsibilities
As a conditional green card holder you have certain responsibilities. You must meet certain residency requirements. You must not leave the US for more than one year without applying for a re-entry permit. You must file federal, state and all applicable local income tax returns. You should mark your status on your tax returns as an immigrant. If you change your place of residence, you must inform the USCIS about the change by filing Form AR-11 -11 Alien’s Change of Address Card within 10 days of your moving. All male conditional green card holder aged 18 to 26 must register with the Selective Service indicating their availability to serve in the US Armed Forces.
Removing the conditions
If you do not fulfill the conditions or violate any of the responsibility, your conditional green card will be revoked. If you move to live permanently in another country, you will be deemed to have abandoned your permanent resident status. Ninety days prior to the end of the two year period, you can apply to the USCIS to have the condition lifted and make you a lawful permanent resident. You should use Form Form I-751 Petition to Remove the Conditions Residence if your conditional green card is based on marriage. Use I-829 Petition by Entrepreneur to Remove Conditions if your conditional green card is based on investment.
Getting Legal Help
If you want to apply for a conditional green card or have the conditions lifted, consult with an experienced US immigration attorney. The attorney can advise you on how to retain your status and have the conditions lifted.
