Conditional Permanent Residence in the United States
Conditional permanent residence is a required step for certain foreign nationals planning to live in the U.S. Understanding the benefits, restrictions, and impact of conditional green card status is essential—especially for families navigating the immigration process. On this page, you will find a detailed overview of conditional residency, how it differs from permanent residency, and how to successfully transition to a 10-year green card. At Green Card Link, its immigration attorneys are dedicated to guiding you through every stage of the process with efficiency and clarity.
What Is Conditional Permanent Residence?
A conditional green card grants temporary residency in the U.S. under specific conditions that must be met before obtaining full permanent residence. This status is issued only in certain circumstances:
- Marriage-Based Green Card Applicants – If you apply for a green card through marriage and your marriage is less than two years old at the time of approval, you will receive conditional permanent residence.
- EB-5 Investors – Foreign investors who qualify under the EB-5 program are granted conditional residency for two years. If all investment and job-creation requirements are satisfied, they may apply to remove conditions and secure permanent residence.
Conditional vs. Permanent Residence
The difference between a conditional green card and permanent residency lies in the restrictions and testing period. Conditional residents are granted a two-year green card and must prove the legitimacy of their marriage or the fulfillment of EB-5 investment requirements before upgrading to permanent status. In contrast, permanent residents receive a renewable 10-year green card without additional conditions.
How to Remove Conditions on Your Green Card
The process of removing conditions depends on how you obtained your conditional status:
- Marriage-Based Applicants – Couples must jointly file Form I-751, Petition to Remove Conditions on Residence within the 90-day period before the second anniversary of the green card’s issuance. Upon approval, you will receive a 10-year green card.
- EB-5 Investors – Investors must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. Evidence must show compliance with the original EB-5 investment and job-creation requirements. Once approved, conditions are removed, and permanent residence is granted.
What Happens If You Do Not Remove Conditions?
Failing to remove conditions on your green card can have severe consequences:
- Your lawful status will expire, making you unlawfully present in the U.S.
- You may face removal (deportation) proceedings.
- Future immigration benefits, including visas and citizenship applications, may be jeopardized.
Timely filing is critical to protect your right to remain in the U.S. The immigration attorneys at Green Card Link can help ensure you meet all deadlines and submit the required evidence correctly.
Frequently Asked Questions
Who receives a two-year conditional green card?
Spouses married less than two years at the time of green card approval and EB-5 investors both receive conditional status.
How long does it take to remove conditions?
- Marriage-Based Applicants (Form I-751): Processing generally takes 13–19 months.
- EB-5 Investors (Form I-829): Processing typically takes 25–40 months.
During processing, your conditional residency remains valid, allowing you to live and work in the U.S. lawfully.
Can conditional residents apply for U.S. citizenship?
Yes. Once conditions are removed, your time in conditional status counts toward the residency requirement for naturalization. Depending on your category, you may apply after 3–5 years of permanent residence.
Can I work on a conditional green card?
Yes. Conditional residents may work for any U.S. employer without additional work permits.
Can I travel internationally?
Conditional residents may travel abroad for less than 12 months without issue. Extended absences require a reentry permit to avoid losing residency.
Can conditional green cards be renewed?
No. You must remove conditions with Form I-751 or Form I-829. If you fail to do so, your status will expire.
Can children of conditional green card holders immigrate to the U.S.?
Yes. You can file Form I-130 to sponsor your children once you receive conditional permanent residence.
What happens if I divorce during conditional residency?
Divorce can complicate the process but does not always make you ineligible. Waivers and special filings may apply depending on the circumstances.
Take the Next Step Toward Permanent Residency
Conditional permanent residence is an important milestone, but failing to act within required deadlines can put your future in the U.S. at risk. At Green Card Link, its immigration attorneys are experienced in handling conditional green card cases, helping clients avoid costly mistakes and successfully transition to permanent residency.
Contact Green Card Link today to begin your green card journey with confidence.