What is a Conditional Green Card?
A Conditional Green Card is issued in cases where the marriage between the United States citizen and the foreign national spouse is less than two (2) years old at the time the foreign national spouse was approved for lawful permanent residence status in the United States.
The United States Citizenship and Immigration Service have a method to their madness. The United States Citizenship and Immigration Service issues a Conditional Green Card for what are referred to as new marriages because of the huge concern of immigration fraud. The policy behind the issuance of a Conditional Green Card is to filter out Sham Marriages from legitimate marriages. Essentially, the Service takes the position that it is easier to fake a new marriage, and therefore, the couple will have to prove the marriage is still legitimate two (2) years from the date the Conditional Green Card was approved.
During the time of the Conditional Green Card status, the foreign national spouse has all of the same rights as does the holder of a Permanent Green Card.
What does this mean for you?
It means that within ninety (90) days of the two (2) year anniversary of the issuance of the Conditional Green Card, the couple must file a Petition to Remove Conditions with the United States Citizenship and Immigration Service requesting a permanent Green Card.
If the Petition to Remove Conditions is not filed on time, the foreign national spouse loses his or her status in the United States. That is to say that the foreign national spouse would then be in the United States without status and would be subject to deportation and removal from the United States.