Conditional Green Card: Who Gets One and How to Remove Conditions
Updated October 31, 2026. Sources: USCIS.gov.
Not legal advice. GreenCardBlog.com is an independent information site, not a law firm and not affiliated with USCIS or any government agency. Immigration rules, fees and timelines change. Always confirm details on USCIS.gov and consider speaking with a licensed immigration attorney about your situation.
Some permanent residents get a green card that is valid for only 2 years. This is a conditional green card. You have the same rights as other permanent residents, but you must file to remove the conditions before the card expires. Source: USCIS: Conditional Permanent Residence.
Who gets a conditional green card
| Path | Why it is conditional | Form to remove conditions | When to file |
|---|---|---|---|
| Marriage to a U.S. citizen or permanent resident | The marriage was less than 2 years old on the day you became a permanent resident | Form I-751 | In the 90 days before the card expires |
| EB-5 investor (and family) | Investment-based residence | Form I-829 | In the 90 days before the 2nd anniversary of becoming a conditional resident |
Removing conditions through marriage (I-751)
Most couples file jointly in the 90 days before the card expires. You may ask to waive the joint filing if the marriage ended in divorce or annulment, your spouse died, or you or your child suffered battery or extreme cruelty. Waiver cases can be filed any time after you become a conditional resident and before you are removed. See USCIS: Form I-751 and our step-by-step I-751 guide.
While your case is pending
When USCIS accepts your I-751 or I-829, the receipt notice extends your status for the period stated on the notice. Carry it with your expired card to show work and travel authorization.
If you miss the deadline
USCIS says your conditional status ends automatically on the second anniversary if you do not file, and you may be placed in removal proceedings. Late filings are accepted only with a written explanation of good cause. Talk to an immigration attorney right away if this applies to you.
Related: green card through marriage. Fees change; confirm on the USCIS filing fees page.
Keep reading: Re-entry Permit for Green Card Holders.
Frequently asked questions
Who gets a conditional green card?
Marriage to a U.S. citizen or permanent resident: The marriage was less than 2 years old on the day you became a permanent resident; Form I-751; In the 90 days before the card expires. EB-5 investor (and family): Investment-based residence; Form I-829; In the 90 days before the 2nd anniversary of becoming a conditional resident.
How do I remove conditions on a marriage-based green card?
Most couples file jointly in the 90 days before the card expires. You may ask to waive the joint filing if the marriage ended in divorce or annulment, your spouse died, or you or your child suffered battery or extreme cruelty.
What proves my status while my I-751 or I-829 is pending?
When USCIS accepts your I-751 or I-829, the receipt notice extends your status for the period stated on the notice. Carry it with your expired card to show work and travel authorization.
What happens if I miss the deadline to remove conditions?
USCIS says your conditional status ends automatically on the second anniversary if you do not file, and you may be placed in removal proceedings. Late filings are accepted only with a written explanation of good cause.
New guides
More green card guides
- How to Renew Your Green Card (Form I-90), Step by Step
- Green Card Renewal Fee: What Form I-90 Costs
- Green Card Replacement: Lost, Stolen or Damaged Card
- Green Card Through Marriage: The Process Explained
- I-751 Removal of Conditions: When and How to File
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