Immigrants who got their U.S. permanent residency (Green Card status) through marriage to a U.S. citizen receive conditional status for 2 years. After 2 years. the Green Card holder must file a Petition to Remove the Conditions form – form I-751 – to request that these conditions be waived. At that time they have to prove their marriage is real, and not a fake marriage to get a Green Card, to an immigration officer. Due to the Covid pandemic and the extreme backlog of immigration applications, USCIS has extended their marriage conditional Green Cards for up to another 24 months.
U.S. immigration law says the status of these Green Card holders is conditional for the first two years after marriage to a U.S. citizen. After that time, immigrants can obtain permanent Green Cards if the couple can prove that they did not marry just to get around U.S. immigration law. Because processing times have increased in the past year, USCIS had previously issued an 18 month extension for conditional residents who properly submitted their form I-751. In September, USCIS extended the extension to 24 months for conditional residents who properly submitted their form I-751 because processing times have continued to increase.
USCIS will issue a dated receipt notice to eligible conditional permanent residents.
If you are a conditional permanent resident (Green Card holder) whose Green Card has expired and you plan to travel outside of the United States, it is important that you have documentation verifying your lawful extension and eligibility to re-enter the United States. If you do not have a dated receipt from USCIS, consult an immigration attorney before you leave the country or you may not be eligible to re-enter.
Learn More: New Guidance On Entering the US With An Expired Green Card
An experienced Green Card immigration lawyer can prevent problems before they happen, protect your rights and help you resolve your immigration problems. Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties. To get started on your case, call 630-912-0322 to schedule a consultation with one of the experienced immigration attorneys today.
