Green cards are one of the most powerful immigration tools available. Individuals with green cards can live and work in the United States with minimal fear of removal from the country. They only have to fill out paperwork once a decade to retain their status.
However, not all green cards are the same. Most green cards grant 10 years of protection. People in specific family circumstances may receive conditional green cards. Their protections are different from those who receive standard green cards.
When do people receive conditional green cards?
Marriage-based green cards may be conditional
As a general rule, those securing green cards through marriage are subject to slightly different rules than those gaining green cards through other relationships or employment. If the marriage has not lasted long enough yet, then the United States Citizenship and Immigration Services (USCIS) may issue a conditional green card.
Typically, those entering the country to reunite with a spouse can bypass conditional green card rules by proving that their marriage has already lasted for at least two years. If they married recently before entering the country or if they entered the country to get married, then a conditional green card may be their only option.
They have to remain married for two years and then apply to remove the conditional status from their green card. So long as they remain married for the mandatory two years, they can submit paperwork to the USCIS to remove the conditions.
After that point, they have a standard green card. Their eligibility to remain in the United States does not depend on the duration of their marriage. Occasionally, those with conditional green cards can qualify for other visa programs if they divorce due to domestic violence or criminal activity.
For the most part, those with conditional green cards need to remain married for long enough to remove the conditional status on their permanent residence. People who enter the United States with a K-1 visa and those reuniting with a spouse may need to review their green card eligibility carefully to ensure they comply with all necessary requirements.
Typically, only those who secure green cards through marriage have to worry about conditional permanent resident status. Learning more about family-based immigration can help people protect their ability to legally reside in the United States.