What is a “Conditional Resident?”
You are a Conditional Resident if you immigrated to the United States as the spouse of a U.S. citizen before the second anniversary of your marriage, and that marriage is the basis of your immigrant status. If you have children, they also may be Conditional Residents. The EB-5 immigrant investor visa ) also grants conditional residency. It requires an application procedure after two years to remove the condition on permanent residency. The expiration date of this Conditional Resident status is noted on the immigrant’s Permanent Resident Card. 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 the 90-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. This date is usually the expiration date of your Permanent Resident Card. Important: Information for Military Family Members
NOTE: For additional information regarding Lawful Permanent Residents, please visit the USCIS website.
Frequently Asked Questions
What happens when Conditional Resident status expires?
If you do not file the documentation to remove conditions on residence as described above, you will lose permission to reside in the United States.
Where do I get the forms and where do I file them?
You can download Form I-751 from the USCIS website. Send the completed form directly to a USCIS office in the United States as indicated on the form, along with a U.S. dollar money order to pay the filing fee. The Embassy and Consulates cannot accept the form.
Can I file a Form I-751 from Japan?
Yes, you may mail the Form I-751 from Japan to USCIS in the United States.
I have conditional status and my Green Card has expired. Can I still go back to the United States?
If you filed your I-751 and received a notice of extension from USCIS, you can return to the United States with an expired Green Card. You will need to carry both the expired card and the USCIS notice. The Form I-797 (Notice of Action) extends the validity of the card for a specified length of time. You must return to the United States within one year of your last departure or within the validity of the notice, whichever is shorter.
I am a spouse of a military service member with a Conditional Permanent Resident Card. My Green Card expired. Can I still return to the United States?
In general, a Conditional Resident who fails to file an I-751 in time will automatically lose lawful resident status on the second anniversary of his or her date of admission. However, USCIS may accept a late petition if the resident can establish that the failure to file on time was for reasons beyond his or her control. The decision to grant or deny the request to excuse the late filing of an I-751 rests with the USCIS adjudicating officer. However, a Conditional Resident who did not file an I-751 could be denied entry to or deported from the United States. In this case, the Department of Homeland Security may place a bar on that person’s return to the United States. Therefore, we encourage former Conditional Residents who did not file an I-751 to apply for a new immigrant visa based on an approved petition filed by a U.S. citizen spouse or parent.
What if USCIS does not approve removal of conditions on my status?
If USCIS does not approve removal of conditions on your status, you lose your Lawful Permanent Resident status and cannot reside in the United States.
I filed Form I-751 for removal of my Conditional Permanent Resident status, and I was notified that I have to submit biometrics. Can I take my biometrics at the U.S. Embassy or Consulates in Japan?
No, The U. S. Embassy and Consulates in Japan cannot take biometrics for this purpose. If you have any questions concerning this procedure, contact USCIS directly.