Why do I have a permanent resident card that expires in two years?

If you and your spouse were married less than two-years at the time that your permanent residence (green card) was approved, then USCIS will issue a conditional permanent resident (CPR) card that is only valid for two years.

What does a two-year green card do?

You can live and work in the United States for two years, and travel to-and-from the U.S. just like any other permanent resident. You do not need a separate work authorization card, and you do not have to apply for advance parole to travel.

How do I get the full 10-year green card?

You have to file the I-751 Petition to Remove Conditions in the 90 days before your green card expires. Check the date on your green card to see when the card expires, and work backwards 90 days to find out the earliest date you can file.

Can I remove conditions without an attorney?

Generally, to remove conditions on a two-year green card, you must apply with your spouse joining your petition, attesting to the fact that you are still living in a good faith marriage. But, removing conditions is complicated, especially if you have been previously married, have limited shared life documents, or are no longer living in a good faith marriage with your spouse. You are not required to hire an attorney, but USCIS reviews these applications very closely, because you have the burden to prove that you’re still married in good faith, or that you qualify for an exception to that requirement. Even if you and your spouse still live together and intend to remain married forever, USCIS might push back on your application and ultimately deny your 10-year green card. If your application is denied, there is no direct appeal process; you get placed into removal proceedings at the Immigration Court, where the Immigration Judge reviews the evidence to see if you should have your green card taken away and be deported.

What do I do if I’m divorced, separated, or planning to divorce?

If you are no longer living in a “bona fide marriage” with your spouse, then you have an uphill battle ahead of you when applying for the 10-year green card. USCIS scrutinizes these applications very closely to see if you committed fraud when you applied to get that two-year green card. This is true even if you are not yet divorced, but have separated from your spouse and do not intend to go on living together in marital union. In these situations, you should talk to an experienced attorney to see the appropriate path. Depending on the circumstances, you might qualify for a “good faith marriage” exception, or a “battered spouse” exception, but the evidentiary burden is high.

What if my spouse abused me during our marriage?

If your spouse abused you during the marriage, you might be able to remove conditions without your spouse joining you on the form, even if you are still legally married. In these situations, an attorney can help you build the evidentiary record to be able to demonstrate to USCIS that you qualify for an exception to the general rule. Simply stating “my spouse abused me” is rarely, if ever, going to be enough to convince USCIS that you were the victim of abuse during the marriage.

Is there an “extreme hardship” exception that could help?

If you can prove that you would suffer “extreme hardship” if you were forced to leave the U.S., then you might qualify for an exception to the general rule on removing conditions. However, this is not as simple as saying “I don’t want to leave,” or “I like it here.” USCIS only considers things that arose after you got the two-year green card approval.

An example of “extreme hardship” would be a new, serious health issue that arose after getting your green card, or perhaps a serious change in the conditions in your home country, like the outbreak of war. These cases are the hardest to win out of all the categories, and you should talk to an attorney before you file.

Should I hire an attorney?

Even if you’re still married and living with your spouse, the I-751 process is complicated and risky. Failing to file on time, or filing incorrectly, or being denied can all result in you losing your permanent resident status and being placed into removal proceedings before an Immigration Judge. Hiring an attorney can ensure that you know your rights, file correctly and timely, and get you the 10-year green card.

For a totally free consult to review your options, call 770-993-9636 to meet with an experienced attorney to discuss your case. It usually takes less than 30 minutes to review the relevant information and provide you a quote for the total cost to obtain your 10-year card.