My son and I have U.S. Green
Card based on my marriage to U.S. citizen husband. We are now
conditional permanent residents. Is it true that the conditional Green
Card will expires after two years for my son also, unless necessary
steps are taken?
Because of the concern of
the marriage being likely to be shams, U.S. Citizenship and Immigration
Services (USCIS) will review the validity of the marriage based Green
Card, by initially making the new immigrant a "conditional," not
"permanent" resident. Aliens who obtain permanent residence (Green
Card) based upon a petition filed by a U.S. citizen spouse may be
subject to conditional residence status for two years.
The conditional residency will expire after two years. Before the
expiration date, the immigrant will have to apply for permanent status.
The application process involves proving that the marriage is ongoing,
and supplying further proof that the couple is truly
establishing a life together.
This also means that the conditional Green Card will expire after two
years, unless the Form I-751 is filed and approved. This allows the
USCIS to double check and reassess whether the marriage was real at the
time of its inception.
This same conditional grant of permanent residence is extended to
children who obtain permanent residence based upon the marriage of that
parent to a U.S. citizen, when the marriage is less than two years in
duration. If the parent's marriage is not real, then the children of
the alien can not obtain any immigration benefits as the result of the