Understanding the Conditional Green Card: Two-Year Path to Permanent Residency

A conditional green card is a two-year lawful permanent resident card, and in 2026 the only safe way to keep your status is to file on time to remove the conditions. For most people, that means filing Form I-751, Petition to Remove Conditions on Residence (marriage-based) or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status (EB-5 investor-based) during the 90-day window before the card expires.

This process matters because an expired conditional card without a properly filed removal petition puts you at risk of losing permanent resident status. It also matters because USCIS has tightened evidence review in 2025–2026, and denial forecasts for weak filings run above 20% in the reporting discussed by VisaVerge.com.

2026 snapshot: what “conditional” means in everyday life

Conditional permanent residence was created to deter fraud—especially in marriage cases—after the 1986 Immigration Reform and Control Act. During the two-year period, you retain the core rights of any green card holder: you can live and work in the United States and you can travel, provided you remain eligible.

Two groups mainly receive conditional cards:

• Spouses of U.S. citizens or lawful permanent residents when the marriage was less than two years old on the approval date.
• EB-5 investors who later must prove they sustained the investment and created 10 full-time U.S. jobs, after investing $1,000,000 or $800,000 in targeted areas.

If your marriage was already over two years old at approval, you generally receive a 10-year green card instead of a conditional card.

The critical 90-day filing window

Your removal petition must be filed within the 90 days before the expiration date on your conditional card. Important filing timing points:

• USCIS rejects early filings.
• Late filings can trigger loss of status and possible removal proceedings.
• After USCIS accepts a timely filing, your receipt notice extends your status while the case is pending.

The guide notes extensions of 6 months or longer, and many cases now take more than one year to finish. To avoid missed notices:

• Keep your address current with USCIS.
• Track your case using your USCIS account and the official tool: https://egov.uscis.gov/casestatus/landing.do.

Choosing the correct petition: I-751 vs I-829

Most conditional residents file one of two petitions:

• Marriage-based cases: Form I-751, Petition to Remove Conditions on Residence.
• EB-5 investor cases: Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

The choice of form is substantive: USCIS applies different legal tests, requires different evidence, and enforces different risks for missed windows.

• Children who received conditional residence through the same marriage can often be included on the same I-751 petition, keeping the family on a single track with one set of notices and one decision timeline.

Evidence USCIS expects under tighter 2025–2026 review

USCIS increased fraud checks and completeness screening, meaning basic paperwork alone often no longer suffices.

For Form I-751 joint filings, the guide emphasizes clear proof the marriage is real and ongoing. Common evidence includes:

• Joint tax returns
• Joint leases or mortgages
• Bank and credit account records showing shared finances
• Photos over time (not only wedding pictures)
• Birth certificates of children, if any
• Affidavits from people who know your relationship
• Mail and records showing you actually live together

For Form I-829, the central proof is sustained investment and job creation:

• Job records and investment audits demonstrating 10 full-time U.S. jobs were created or sustained.

A June 2025 Policy Manual update raised the stakes on marriage validity: marriages must be legally valid where celebrated, effective March 3, 2025. This change particularly affects people who relied on informal or unregistered unions.

Filing package in 2026: fees, medical exams, and completeness

USCIS fee details in the guide:

Additional key filing requirements and changes:

• USCIS now requires a medical exam submission at filing, using Form I-693, Report of Immigration Medical Examination and Vaccination Record.
• The guide notes COVID-19 vaccination proof is no longer required after January 22, 2025 under the updated policy cited.
• USCIS has increased completeness checks; errors or omissions can lead to rejections or denials and lost time.

Budget for these costs and treat the filing packet like a legal record, because USCIS will.

What happens after you file: stages and enforcement risks

After USCIS accepts the petition, most applicants go through four practical stages:

1. Receipt and extension

– The receipt notice serves as proof you remain a permanent resident while USCIS processes the case.

1. Biometrics appointment

– USCIS schedules fingerprints and a photo. Missing the appointment can derail the case.

1. Requests for Evidence (RFEs)

– RFEs are more frequent under tightened procedures. Respond quickly and provide organized documents matching USCIS’s request.

1. Interview and fraud checks

– USCIS may require an interview, and the guide warns of more home visits and fraud probes.
– The guide flags a 2026 risk: overstays may face detention at interviews amid heightened enforcement coordination.

Processing time is often 12+ months, according to the guide’s benchmark. The greatest real risks are missing mail, missing deadlines, or failing to answer an RFE.

Important: Missed deadlines or incomplete filings can lead to loss of permanent resident status and enforcement actions. Treat notices and deadlines as legally consequential.

Waivers when joint filing is impossible or unsafe

If you cannot file Form I-751 jointly, USCIS allows several waiver paths so you can file on your own. The guide lists these waiver categories and typical supporting evidence:

• Divorce or annulment waiver
• File individually with the divorce decree and evidence the marriage began in good faith.

• Abuse or extreme cruelty waiver

• File without the spouse when abuse occurred; include medical records, police reports, or affidavits as supporting evidence.

• Death of the spouse waiver

• File with the spouse’s death certificate. The guide states you can file at any time.

• Extreme hardship waiver

• Submit evidence that denial would cause extreme hardship, including changed country conditions after approval.

These waivers shift USCIS focus to credibility and documentation, so consistent, corroborating records are critical.

Planning after removal: green card duration and naturalization timing

Once conditions are removed, USCIS issues a 10-year green card. Time spent in conditional status counts toward naturalization.

Typical naturalization timelines:

• 5 years as a permanent resident for most applicants.
• 3 years if married to and living with a U.S. citizen.

Policy context to monitor:

• A September 2025 USCIS Policy Memorandum reaffirmed strict public charge reviews. The guide says adjudicators consider age, health, finances, and benefit use.
• For families awaiting removal decisions, the safest practice is consistent records, stable documentation, and careful attention to every USCIS notice while the case is pending.