Green cards are issued with an expiration date, and should be renewed prior to the expiration date on the card if the green card holder intends to continue residing in the United States. If someone’s green card has expired, they can encounter problems working and finding employment in the United States, traveling abroad, and re-entering the United States.
Some green cards, including those issued through marriage and in relation to EB-5 investments, are issued as “conditional green cards.” In these cases, USCIS issues a conditional green card valid for two years, and the green card holder must apply to USCIS prior to the expiration date to request that the conditional status be removed. If the green card holder does not apply for removal of conditions, the green card expires.
In order to remove the conditions on a green card, the petitioner must show that he or she qualifies for removal of the conditions. For a marriage-based green card, the normal procedure is for the green card holder and spouse to submit a joint petition with supporting evidence. In cases where the green card holder’s spouse refuses or is unable to sign the joint petition for valid reasons, or where the marriage has ended prior to submitting the petition to remove conditions, petitioners may request an I-751 waiver of the normal joint petition providing sufficient evidence that good cause exists for the waiver. For investment-based green cards, the petitioner must prove that he or she has met the EB-5 investment “sustainment” and job creation requirements as specified by USCIS.
Attorney Joseph A. Moro can assist and advise green card holders on issues related to green card renewal, removal of conditions on permanent residence, I-751 waiver requests, and other related legal issues. Schedule an attorney consultation today online, or contact Moro Legal, LLC, for further information.
The content of this website is for general informational purposes only and is not a replacement for legal advice. Immigration law is a complex area of law that is constantly changing and this website cannot cover every facet of the law. Every case is different, and all individuals and businesses should consult with an immigration lawyer prior to filing any petition or application.