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Immigrants who have a Green Card valid for two years in the United States cannot renew it through the usual procedure with U.S. Citizenship and Immigration Services (USCIS). The agency makes an exception for conditional permanent residents, who must complete a specific process before their card expires.
In these cases, Form I-90 does not allow them to extend their residency or obtain a 10-year Green Card. Instead, foreigners must file another application with USCIS: Form I-751 if they obtained residency through marriage, or Form I-829 if they got it through a business investment.
The filing deadline is also important, since failing to meet the requirements could put the resident’s immigration status at risk.
Why immigrants with a two-year Green Card cannot renew it with Form I-90
Form I-90 is the process USCIS uses to renew or replace a Green Card. However, conditional permanent residents who have a card valid for two years cannot use it to renew their documents when expiration is approaching. In these cases, they must apply to remove the conditions on their residency through another immigration process.
This situation mainly affects two groups:
- Immigrants who obtained residency through marriage: those who married a U.S. citizen or permanent resident and, when they received residency, the marriage had been less than two years old.
- Immigrants who obtained residency through investment: those who received conditional status by creating a business and making an investment in the United States.
This restriction does not mean holders of these cards can never file Form I-90. USCIS allows it to replace a valid conditional card that was lost or damaged, as long as it has not expired and is not within 90 days of expiration. What they cannot do is use it to renew that conditional residency and obtain a 10-year card.
What form they must file with USCIS before renewing their permanent residency
Instead of Form I-90, conditional residents must file a petition to remove the conditions on their immigration status. The form depends on how they got the Green Card:
- Form I-751: for those who received conditional residency through marriage. In general, they must file it jointly with their U.S. citizen or permanent resident spouse.
- Form I-829: for those who obtained conditional residency through a business investment and need to show they meet the requirements to have the conditions removed.
Both processes are intended to allow USCIS to review compliance with immigration requirements and, if it approves the petition, grant unconditional permanent residency, documented by a Green Card valid for 10 years.
When to file Form I-751 or I-829 to avoid losing your Green Card
Conditional residents must pay attention to the expiration date on their card, since they cannot wait until it expires to start the usual process. Both Form I-751 and Form I-829 must be filed, in joint or standard filings, during the 90 days immediately before the conditional residency expires.
If they do not file the relevant petition within the deadline, they may automatically lose their conditional permanent resident status and become subject to deportation proceedings in the United States.
Once USCIS receives and properly accepts the petition, it sends a receipt notice that extends the validity of the conditional residency while the case is pending. That notice, together with the expired Green Card, serves as proof of immigration status during the extension period indicated by the agency.