(日本語)

You are a Conditional Resident if you immigrated to the United States as a spouse of U.S. citizen before the second anniversary of your marriage, which is the basis of your immigrant status. If you have children, they also may be Conditional Residents. The investor visa (EB5 Investor) also grants conditional residency. It requires an application procedure after two years to remove the condition on the permanent residency.

The expiration date of this conditional resident status is noted on the immigrant’s permanent resident card.

Conditional residents must file either Form I-751(Petition to Remove the Conditions on Residence), or Form I-829(Petition by Entrepreneur to Remove Conditions). This petition must be filed within the 90-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. This date is usually the expiration date of your Permanent Resident Card.

Important: Information for Military Family Members

Frequently Asked Questions

• What happens when the conditional status expires?
• Where do I get the forms and where do I file them?
• Can I file a Form I-751 from Japan?
• I have conditional status and my Green Card has expired. Can I still go back to the U.S.?
• I am a military service family member with conditional status. My conditional Green Card expired two years ago. Can I still return to the U.S.?
• What if USCIS does not approve removal of my conditional status?

What happens when the conditional status expires?

If you have conditional resident status, it is your responsibility to file a petition (Form I-751) requesting to have the conditional status removed. You need to file the petition within 90 days of the expiration date on your Green Card. If you don't file it, you will lose permission to reside in the U.S.

Where do I get the forms and where do I file them?

You can download the I-751 form from the USCIS website.You send the forms directly to an USCIS office in the U.S. indicated on the form along with a U.S. dollar money order for filing fee. The Embassy and Consulates cannot accept the form.

Can I file a Form I-751 from Japan?

Yes, you may mail the Form I-751 from Japan by mailing it to USCIS in the U.S.

I have conditional status and my Green Card has expired. Can I still go back to the U.S.?

If you filed your I-751 form and received a notice from the USCIS, you can return to the U.S. with an expired Green Card. You will need to carry both the expired card and the USCIS notice. The notice is normally valid for one year. You must return to the U.S. within one year of your last departure or within the validation of the notice, whichever is shorter. If you are a military member or military member’s dependents, please see here.

I am a military service family member with conditional status. My conditional Green Card expired two years ago. Can I still return to the U.S.?

Yes. U.S. government personnel, which includes military and direct hire civil service employees, their spouses and minor children, can stay outside the U.S. during their official assignment overseas plus four months without losing their status. You can travel with your expired card and your official orders, which show you were on an overseas assignment during the last 90 days of your card's validity and up to the time you need to travel. When you get to the U.S., you must file the I-751 immediately with a copy of your military orders.

What if USCIS does not approve removal of my conditional status?

If USCIS does not approve removal of your conditional status, you lose your legal resident status and cannot reside in the U.S.

• Definition of Conditional Permanent Resident
• Joint Petition to Remove Conditional Basis of Lawful Permanent Resident Status for Alien Spouse
• Inquiry About Status of I-551, Alien Registration Card
• Removing Conditions on Permanent Resident Based on Marriage