info@kasturilaw.com

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630-392-8101 | 630-392-8101
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IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Navigating the U.S. immigration system can be challenging, especially when understanding the differences between conditional green cards and permanent residency. At Kasturi Law LLC, we work closely with Illinois residents to ensure clarity and confidence as they pursue their immigration goals.

Here, we explore the distinctions between conditional green cards and permanent residency, the processes involved, and how we can help you transition smoothly.

What is a Conditional Green Card?

A conditional green card is a two-year residency status granted to individuals who obtain their green cards through marriage to a U.S. citizen or lawful permanent resident or through investment under the EB-5 Immigrant Investor Program. This conditional status is designed to ensure that applicants meet the requirements for permanent residency.

Key characteristics of conditional green cards include:

  • Validity Period: Conditional green cards are valid for two years.
  • Marriage Requirement: For marriage-based conditional green cards, the couple must demonstrate that their marriage is bona fide (not entered solely for immigration benefits).
  • Renewal and Removal of Conditions: The holder must file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions, within 90 days before the card’s expiration.

Green Cards vs. Permanent Residency

What is Permanent Residency?

Permanent residency, often referred to as having a “10-year green card,” grants long-term lawful status to live and work in the United States. Unlike conditional green cards, permanent residency does not require additional steps to prove eligibility once granted, provided the card is renewed every 10 years.

Key characteristics of permanent residency include:

  • Stability: Permanent residents enjoy long-term security without needing conditional status reviews.
  • Renewability: Green cards must be renewed every 10 years, but the renewal process is straightforward and does not typically require additional evidence of eligibility.
  • Path to Citizenship: Permanent residents may apply for naturalization after meeting specific requirements, such as the duration of residency and continuous presence in the U.S.

Transitioning from Conditional to Permanent Residency

To transition from conditional to permanent residency, applicants must successfully remove the conditions on their green card.

This process varies depending on their conditional status:

Marriage-Based Green Cards

  • File Form I-751 within the 90-day window before the expiration of the conditional green card.
  • Provide evidence of a genuine marriage, such as joint financial accounts, property ownership, or proof of cohabitation.

If the marriage ends in divorce, the applicant may still file for a waiver, demonstrating that the marriage was entered into in good faith.

Investor Green Cards (EB-5)

  • File Form I-829 to prove that the investment has met the program’s requirements, such as job creation and maintaining the investment.

How Kasturi Law, LLC Can Help

At Kasturi Law LLC, we understand the complexities of transitioning from conditional to permanent residency.

Our team:

  • Ensures all forms are accurately completed and filed on time.
  • Helps you gather compelling evidence to strengthen your case.
  • Represents you in the event of a Request for Evidenceor complications.

If you are an Illinois resident with a conditional green card or seeking to adjust your status, Kasturi Law, LLC is here to guide you every step of the way. Contact our immigration law firm today to schedule a consultation and take the next step toward securing your permanent residency.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes.