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Conditional Residents

What is a “Conditional Resident?”

You are a Conditional Resident if you immigrated to the United States as a spouse of U.S. citizen before the second anniversary of your marriage, which is the basis of your immigrant status. If you have children, they also may be Conditional Residents. The investor visa (EB5 Investor) also grants conditional residency. It requires an application procedure after two years to remove the condition on the 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). This petition must be filed 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

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NOTE: While every effort has been made to ensure the quality and accuracy of the visa information contained in this site, all content is subject to change without notice. The Embassy makes no warranty, express or implied concerning the information provided. For information regarding Lawful Permanent Residents, please visit USCIS website.

Frequently Asked Questions

What happens when the conditional status expires?

If you have conditional resident status, it is your responsibility to file a petition (Form I-751) requesting to have the conditional status removed. You need to file the petition within 90 days period immediately preceding the expiration date on your Green Card. If you don’t file it, you will lose permission to reside in the U.S.

Where do I get the forms and where do I file them?

You can download the I-751 form from the USCIS website. You send the forms directly to an USCIS office in the United States indicated on the form along with a U.S. dollar money order for 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 by mailing it 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 form and received a notice of extension from the 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 notice is normally valid for 18 months. You must return to the United States within one year of your last departure or within the validation of the notice, whichever is shorter.

I am spouse of military service member with conditional status card. My Green Card expired. Can I still return to the U.S.?

In general, any conditional resident who fails to have an I-751 filed in time will automatically lose legal resident status on the second anniversary of his or her date of admission. However, the law allows the USCIS to 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 a USCIS adjudicating officer. However, there is a chance that a conditional resident who did not file an I-751 could be excluded and deported from the United States. In this case, he or she may not be allowed to return to the United States for many years, unless permission to return is granted. Therefore, we recommend for the conditional resident who did not file an I-751 to apply for a new immigrant visa on an approved petition filed by a U.S. citizen spouse/parent.

What if USCIS does not approve removal of my conditional status?

If USCIS does not approve removal of your conditional status, you lose your lawful resident status and cannot reside in the United States.

When file a Form I-751 for removal of my conditional status, it is required to submit biometrics. Can I take my biometrics at the US Embassy or consulates in Japan?

No, The U. S. Embassy or consulates in Japan cannot take biometrics for this purpose. If you have any questions concerning this procedure, please contact USCIS directly.