Conditional Green Card vs. Permanent Green Card: What’s the Difference?

If you’ve recently received a U.S. green card or you're about to apply for one, you’ve probably come across two terms: “conditional permanent resident” and “lawful permanent resident”. At first glance, they might sound similar, but there’s a big difference between them.

What does “conditional” actually mean, and how do you go from a conditional green card to full permanent resident status? Let’s break it all down in plain English.

What Is a Conditional Green Card?

A conditional green card is a temporary, two-year version of a permanent resident card. It’s usually issued in marriage-based green card cases when the marriage is less than two years old at the time the green card is approved.

The purpose of a conditional green card is to ensure that the marriage is real and not just a way to game the immigration system. U.S. Citizenship and Immigration Services (USCIS) wants to verify that the marriage is bona fide, meaning it was entered into in good faith, not just for immigration benefits.

Conditional green cards:

• Are valid for only two years
• Come with the same rights as a full green card (work authorization, travel permission, etc.)
• Require you to remove the conditions before the card expires

What Is a Permanent Green Card?

By contrast, a permanent green card is a ticket to long-term residency in the United States. Marriage-based permanent green cards are issued to those who have been wed for more than two years at the time of application or who have successfully removed the conditions from their conditional green cards.

A lawful permanent resident (LPR) holds a 10-year green card, also known as a permanent green card.

This status is granted to foreign nationals who have either satisfied a two-year conditional period or obtained their green card through a pathway that doesn’t involve conditions, such as employment-based immigration, asylum, or marriage lasting more than two years at the time of approval.

Permanent green cards:

• Are valid for 10 years and can be renewed indefinitely
• Allow the holder to live, work, and travel freely in the U.S.
• Provide a way to become a U.S. citizen after a certain number of years

Key Differences Between Conditional and Permanent Green Cards

Let’s look at a side-by-side comparison of these two types of immigration documents:

Validity

• Conditional green card: Valid for two years. During this period, the foreign national must meet certain requirements, including the removal of conditions to extend their status. It’s a temporary authorization granted to verify the genuine nature of the marriage.
• Permanent green card: Valid for 10 years. After this period, the green card holder can apply for renewal or, in some cases, transition to full citizenship, depending on eligibility.

Issuing Circumstances

• Conditional green card: Typically issued when the marriage is less than two years old at the time of approval. It's often used for individuals who marry a U.S. citizen or permanent resident, allowing the foreign national spouse to live and work in the U.S. while establishing the marriage's authenticity.
• Permanent green card: Issued when the marriage has been in place for more than two years or in other qualifying circumstances, such as employment-based immigration, asylum, or other legal channels. May also be issued when a conditional resident has successfully removed conditions from their green card.

Need to File a Petition

• Conditional green card: Yes. Conditional green card holders must file Form I-751 (Petition to Remove Conditions) within 90 days of their conditional green card expiring. This process is required to prove that the marriage is bona fide and to extend permanent residency status.
• Permanent green card: No. There’s no need to file a petition for a permanent green card holder. Instead, the green card holder can simply renew their card every 10 years (by filing Form I-90) as long as they maintain their lawful permanent resident status and fulfill other requirements, such as meeting the residency criteria for citizenship.

Risk of Losing Status

• Conditional green card: The risk of losing status is higher for conditional green card holders if they fail to remove the conditions within the specified timeframe. Not filing the necessary forms or providing sufficient evidence can lead to removal proceedings and the loss of lawful status.
• Permanent green card: The risk of losing status is low for permanent residents unless their status is abandoned or they’re involved in activities that could lead to revocation, such as certain crimes. Permanent residents can generally maintain their status as long as they don’t violate immigration laws or leave the U.S. for extended periods.

Path to Citizenship

• Conditional green card: Can lead to U.S. citizenship once the conditions are removed. After removing conditions and maintaining permanent residency for the required number of years (usually three years for spouses of U.S. citizens or five years for others), the individual can apply for naturalization.
• Permanent green card: Can also open the door to citizenship. After meeting the residency requirements and maintaining good moral character, the holder can apply for naturalization. For most permanent residents, this requires at least five years of residency in the U.S. before they can apply for citizenship.

How to Remove Conditions on Your Green Card

To go from conditional permanent residence to full lawful permanent residence, you must take the following steps:

• File Form I-751: This is a joint petition that you’ll file with your U.S. citizen spouse.
• Provide documentary evidence: Show that your marriage is genuine using evidence like joint bank accounts, lease agreements, utility bills, and photos.
• Take the required action on time: You must file your petition and supply evidence within the 90-day window before your conditional green card expires.

USCIS may schedule an interview to further verify your marriage. A trusted immigration attorney from SimVisa can help you prepare for this meeting.

Do Conditional Residents Have the Same Rights as Permanent Residents?

In most ways, yes. Conditional residents have the same work permit, travel rights, and access to public benefits as green card holders with permanent status. The major difference is the expiration date and the obligation to successfully remove conditions before the card expires.

Why Does the U.S. Use Conditional Status at All?

The U.S. immigration system uses conditional permanent residency primarily to prevent marriage fraud. By issuing a conditional green card for two years, USCIS gets a second opportunity to confirm that the marriage is bona fide and not just for immigration purposes.

Can You Apply for U.S. Citizenship While Holding a Conditional Green Card?

In certain cases, yes. If you’re still married to your U.S. citizen spouse, you can apply for citizenship after three years, but only if you’ve already filed Form I-751 and had the conditions on your green card removed. You can’t become a U.S. citizen while still in conditional status.