Navigating the U.S. immigration system can be complex, especially when it comes to obtaining permanent resident status and eventually citizenship. One of the common pathways for many immigrants is through marriage or investment, which often results in obtaining a conditional green card. While this status grants lawful permanent residence, it comes with specific requirements and timelines that must be fulfilled to transition to a full, unconditional green card and ultimately, U.S. citizenship. That’s why it’s good to know the process to getting a U.S. citizenship from a green card.
This blog aims to clarify the process of conditional green cards, what steps are necessary to remove conditions, and how this relates to eventual citizenship. Whether you are already a conditional resident or planning to become one, understanding these steps is vital to achieving your long-term immigration goals.
What Is a Conditional Green Card?
A conditional green card is a two-year lawful permanent resident status granted to individuals who qualify under specific circumstances, primarily:
- Marriage-based: When an individual obtains a green card through marriage to a U.S. citizen or lawful permanent resident, if the marriage is less than two years old at the time of approval.
- Investment-based: For immigrants who qualify under the EB-5 visa program, involving a significant investment in the U.S.
- Other categories: Such as certain employment-based or family-based cases with specific conditions.
The primary purpose of the conditional status is to ensure that the marriage or investment is genuine and not entered into solely for immigration benefits.
The Timeline and Key Requirements
1. Receiving the Conditional Green Card
Once approved, the applicant receives a conditional green card valid for two years. It looks like a standard green card but explicitly states that the conditions are temporary.
2. Filing to Remove Conditions
Between 90 days before the second anniversary of the green card issuance, the conditional resident must file Form I-751 (Petition to Remove Conditions) if married to a U.S. citizen or lawful permanent resident, or Form I-829 for investors.
Key requirements include:
- Providing evidence of a bona fide marriage (for marriage-based cases), such as joint bank accounts, shared residence, photos, and affidavits.
- Demonstrating ongoing investment or employment (for investment cases).
- Attending an interview if USCIS requests.
3. Approval and Transition to Unconditional Green Card
If USCIS approves the petition, the conditions are removed, and the individual receives a permanent green card valid for 10 years (renewable).
From Green Card to Citizenship
1. Eligibility for Naturalization
Once you have held a permanent green card for at least 3 or 5 years, depending on your circumstances, you become eligible to apply for U.S. citizenship through naturalization. Here is the process to get a U.S. citizenship from green card.
- General rule:
Usually, permanent residents can apply after 5 years of continuous residence. - Marriage to a U.S. citizen:
If married to a U.S. citizen, the waiting period is 3 years, provided you’ve been living with your spouse and meet other requirements.
2. Requirements for Citizenship
To qualify for naturalization, applicants must:
- Be at least 18 years old.
- Have been a lawful permanent resident (green card holder) for the required period.
- Demonstrate continuous residence and physical presence.
- Show good moral character.
- Pass an English language and civics test.
- Take the Oath of Allegiance.
3. Special Considerations for Conditional Residents
You can apply for citizenship after the conditions are removed and you have maintained continuous residence. The period begins once your unconditional green card is issued.
Challenges and Common Questions
1. What if I don’t file on time?
Missing the 90-day window to file Form I-751 or I-829 can lead to the termination of your conditional status and possible removal proceedings. It’s crucial to file on time and provide strong evidence supporting your case.
2. Can I travel outside the U.S. during this process?
Travel is generally possible, but extended absences or lack of a re-entry permit can jeopardize your application for removal of conditions. Always consult with an immigration attorney before traveling during this period.
3. What happens if USCIS denies my petition?
A denial can lead to the loss of lawful permanent resident status, and you may be placed in removal proceedings. In such cases, legal representation is essential to explore options like appeals or motions to reopen.
