Individuals who obtain lawful permanent resident status based on a marriage to a U.S. citizen that is less than twenty-four (24) months old receive their lawful permanent resident status on a conditional basis.
Removal of Conditional Green Card Status
In order to remove this conditional basis, the green card holder and his/her U.S. citizen spouse must jointly file an I-751 petition requesting removal of the conditional basis.
The I-751 petition must be filed during the 90-day period before the two-year anniversary of the date on which the green card holder obtained his/her permanent residence status.
Failure to file this I-751 petition prior to this two-year expiration date will result in the automatic termination of the green card holder’s immigration status, and his/her placement into removal proceedings.