USA: Tips for Green-Card Winners and other Immigrants

If you are a Conditional Resident

You may be in the U.S. as a conditional resident (CR). You are a CR if you were married for less than two years to your U.S. citizen or permanent resident spouse on the day your permanent resident status was granted. If you have children, they also may be CRs. Some immigrant investors are also conditional residents.

A CR has the same rights and responsibilities as a permanent resident. Conditional residents must file either Form I-751, Petition to Remove the Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions, within two years of the date they were granted conditional permanent resident status. This date is usually the expiration date of your Permanent Resident Card. You should file these forms within 90 days of the two-year anniversary of when you got your conditional resident status. If you do not do this, you can lose your immigration status.

Filing Form I-751 with your husband or wife

If you are a conditional resident and you immigrated based on your marriage to a citizen or permanent resident, then you and your spouse must file Form I-751 together so that you can remove the conditions on your permanent resident status.

Sometimes, you do not have to file Form I-751 with your husband or wife. If you are no longer married to your spouse, or if your spouse has abused you, you can file Form I-741 by yourself. If you are not applying with your spouse, you can file Form I-751 at any time after you are a conditional resident.

Citation: U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Office of Citizenship, Welcome to the United States: A guide for New Immigrants, Washington, DC, 2007, Revised Edition.