Jamaica Magazine

Immigration: Two-Year Conditional Green Card

Written by Safiya Byars, Esq

The Two-Year Conditional Green Card is an interesting immigration status. Usually individuals who receive their two-year green card are excited about their new status but they usually are not aware of the requirements of filing their I-751 application to safeguard their status. In this month’s article we will answer some of the most common questions that we receive concerning this immigration status.

Question 1:Why was I issued a two-year permanent resident card “green card” instead of a 10 year card?

Answer: The two-year green card is issued to a non-citizen who has not reached his or her second wedding anniversary at the time of his or her green card interview.  As such, if the applicant’s case is approved he or she will receive a two-year conditional card.

Question 2: Does my status expire after two years?

Answer: This is a great question. The two-year green card expire after two years. However, this does not necessarily mean that the individual’s status expires after two years. In order for the permanent resident to continue to enjoy the privileges of a permanent resident he or she must file the I-751 application to remove the two-year condition on his or her card.

Question 3: What is the I-751 application?

Answer:  The permanent resident must file I-751 application in order to remove the conditions on his or her card. The application can be filed up to 90 days before the expiration of the card. If the application is filed late the applicant will experience delay and possibly receive a denial of his or her application from Immigration.

Question 4: Will my I-751 application to remove conditions on my two-year green card be denied if my spouse refuses to sign my I-751 application?

Answer: The I-751 application is designed to be a joint petition. This means that both spouses are expected to sign the petition and demonstrate that they are still a bona fide married couple. If one spouse has refused to sign the application it is still possible to submit the application and receive an approval provided there is sufficient evidence to show that the marriage was not entered into solely to obtain immigration benefits.

Question 5: Can I continue to travel, work, and drive while my I-751 application is pending?

Answer: An applicant who submits his or her I-751 application to Immigration before the expiration of heir or her card will receive an extension notice from Immigration. The extension notice is proof that the applicant’s permanent resident status has been extended for one year while the applicant’s I-751 is pending. As such, the applicant is now able to continue to work, travel, and renew his or her driver’s license.

 

If you have additional questions about the two-year green card or the I-751 application please know that you may contact our office at your convenience.  We can be reached at 678-954-5809 or 404-992-6506. Individuals can also email their inquiries to [email protected].

Disclaimer: This article is a broad overview and is provided as a public service. This article is not intended to establish an attorney-client relationship. Any reliance on the information contained herein is taken at your own risk. The information provided in this article should never replace informed counsel when specific immigration-related guidance is needed. 

 

About the Writer:
Safiya Byars ([email protected]) is the senior partner and owner in the Law Office of Safiya Byars (www.byarslawgroup.com). She is an active member of the Caribbean and International communities in Georgia. She graduated Summa Cum Laude from the University of Montevallo and received her law degree from the University of Alabama in Tuscaloosa, Alabama. Her office is located at 160 Clairemont Avenue, Ste. 200, Decatur, Georgia 30030.  Attorney Byars handles all immigration matters, deportation defense, family law issues, and business formation/litigation. To discuss you case, contact Attorney Byars at 404-992-6506 or 678-954-5809.

About the author

Safiya Byars, Esq

Safiya Byars is the founder and senior partner of the Byars Firm. Attorney Byars serves as the Chair of the Family Immigration Continuing Learning Education and the Vice-Chair of the Immigration Law Section of the State Bar of Georgia. She is a native of Kingston, Jamaica. The Byars firm is located at 3720 Chamblee Dunwoody Road, Suite D2, Chamblee, Georgia 30341. The Byars Firm handles Immigration, Family, and Estate Planning matters. We can be reached at 678-736-5600 and email: [email protected]