Green Card Basics

Conditional Green Cards and Removing Conditions

A conditional permanent resident receives a Green Card that is valid for two years, and USCIS says it cannot be renewed. Before it expires, the person must ask USCIS to remove the conditions, using Form I-751 in marriage-based cases or Form I-829 in entrepreneur cases. Missing that step can end permanent resident status.

Quick answer

Item USCIS rule
Validity Two years
Renewal Cannot be renewed; conditions must be removed
Marriage-based cases Form I-751, Petition to Remove the Conditions of Residence
Entrepreneur cases Form I-829, Petition by Entrepreneur to Remove Conditions
Filing window Within the 90 days before the conditional card expires
If conditions are not removed The person loses permanent resident status and becomes removable

The details come from the USCIS page on conditional permanent residence.

What “conditional” means

A conditional Green Card is a card with conditions attached. USCIS names two groups that need to remove conditions: marriage-based cases and entrepreneur, or investor, cases. The card shows an expiration date two years after it is issued. The USCIS glossary confirms that cards for conditional permanent residents are valid for two years, while most other cards are valid for 10 years.

The glossary defines a conditional resident as a person granted permanent resident status on a conditional basis, and gives the spouse of a U.S. citizen and the immigrant investor as examples. It also says conditional residents must petition to remove the conditions of their status before the second anniversary of the approval date.

The USCIS page on maintaining permanent residence names the two sections of the law behind conditional status. Section 216 of the Immigration and Nationality Act lets a person become a lawful permanent resident on a conditional basis through marriage. Section 216A does the same on the basis of a qualifying investment. Under both sections, USCIS says it may terminate conditional status as provided by law, with fraud given as an example.

This explains why the two petitions have different names and different forms. A marriage-based resident files Form I-751. An entrepreneur files Form I-829. The two forms are not interchangeable, and USCIS lists each under its own heading.

The 90-day window

USCIS says the petition must be filed within the 90 days before the conditional card expires. USCIS offers a Filing Calculator on its page that finds the exact 90-day date. Because the window is limited, the expiration date on the card is the number to start from.

The window has a start and an end. It opens 90 days before the expiration date on the card and closes on that date. A calendar reminder set for the opening day is a simple way to avoid missing it.

Why this is different from replacing a card

A standard Green Card is replaced with Form I-90 when it has expired or will expire within six months, as explained in Green Card expiration and renewal. A conditional card cannot be handled that way, because the question for USCIS is whether the conditions can be removed, not whether to reissue the same card.

What happens if conditions are not removed

USCIS states that a person who does not remove the conditions loses permanent resident status and becomes removable from the United States. The USCIS page on maintaining permanent residence adds that USCIS can also end conditional status for reasons such as fraud.

Travel and conditional residents

The USCIS page on international travel uses the phrase “permanent or conditional permanent resident” when it describes the reentry permit. A reentry permit, requested on Form I-131 before leaving, lets the holder seek admission during the permit’s validity without a returning resident visa from a consulate. The page says it does not guarantee entry, because the person must still be admissible.

The general rules on temporary trips and intent to keep the United States as a permanent home are discussed in traveling abroad with a Green Card. How long a trip can last before it raises questions about abandonment depends on the facts, and USCIS gives one year as a general guide only.

What the USCIS page does not say

The conditional residence page is short. It does not describe what happens after the petition is filed, such as the receipt notice, any extension of status while the case is pending, biometrics, or an interview. It also does not cover waivers, late filing, travel during the process, or evidence requirements. USCIS links to separate pages for removing conditions based on marriage and for entrepreneurs, and to fact sheets on family-based conditional residence for joint filing and for individual and waiver filing requests. Those pages and the instructions for Form I-751 and Form I-829 are the places to read about those points. This guide does not fill them in from memory.

Checklist

  • Find the expiration date on the conditional card and calculate the 90-day window.
  • Identify the correct form: I-751 for marriage-based cases, I-829 for entrepreneur cases.
  • Use the USCIS Filing Calculator for the exact date.
  • Read the USCIS page for the chosen form, including the linked fact sheets for marriage-based cases.
  • Keep the receipt notice that USCIS sends; its 13-character receipt number identifies the case. See A-Number, USCIS number, and receipt number.

Frequently asked questions

Can a conditional card be renewed?

No. USCIS says it cannot be renewed.

How long is a conditional card valid?

Two years.

Is a conditional resident the same as a Diversity Visa winner?

No. The two-year conditional card relates to marriage-based and entrepreneur cases named by USCIS. The lottery is a separate category, explained in how the Diversity Visa lottery works.

What if the filing window was missed?

USCIS or a licensed immigration attorney can advise on a specific case. The USCIS page states the loss of status as the consequence of not removing conditions.

Which form does a spouse of a U.S. citizen use?

USCIS lists Form I-751 for conditions based on marriage. Form I-829 is the entrepreneur form.

About this guide

This website is for information only. It is not affiliated with the U.S. government, does not give legal advice or consultations, and does not offer application services. A personal case belongs with USCIS or a licensed immigration attorney, and the current official pages control.

Last verified: October 2026. Sources: USCIS page on conditional permanent residence; USCIS glossary; USCIS page on maintaining permanent residence.

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This website is for information only. It is not affiliated with the U.S. government, does not give legal advice or consultations, and does not offer application services. The official entry site is dvprogram.state.gov.