Conditional Permanent Residents and the Expiration Date of Their Status

11/29/2005

 An individual who is a conditional permanent resident needs to note the expiration date of her/his conditional permanent resident status. Conditional permanent residence is granted in marriage-based immigration cases when the marriage has been less than two years in duration at the time of the case approval. Such an individual is given permanent residence that is "conditional," meaning that it expires after two years and needs to make a separate filing to remove the conditions. 

The expiration date should be clearly marked on the green card. Failure to file to remove the conditions by the expiration means that the individual is no longer a permanent resident and, in all likelihood, is out of status. 

Conditional permanent residents who have missed the deadline need to obtain qualified immigration advice. It is sometimes possible to overcome the problem, but this should not be relied upon and the expiration date should be taken seriously.
 
Verify “Green Card” Expiration Dates: Green cards expire. This does not mean that the status expires. It means that it is necessary to file the Form I-90 and renew the document. It is important to have proper evidence of status where one may need to establish lawful presence in the U.S. for work, travel, and general purposes. 
 
Understand Regular Changes in Laws or Procedures: Laws, procedures, and situations change regularly. People who are "in the know" are in a better position to avoid missing deadlines and  missing out on opportunities. Those who were informed about the H1B cap problems in fiscal year 2005 knew to start filing their cases in April 2004. 

Enough people knew and were able to act so quickly that the H1B cap numbers ran out on the first day of the fiscal year, October 1, 2004. Those who learned too late faced serious problems. The same is true for people who learned early about the EB3 retrogression. Those who were  eligible to file their I-485s scrambled to do so before the end of December. Others who may have learned too late will have to wait for their filings.

     

 

 

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