Green Card Renewal

Although green card renewal is necessary for many U.S. residents, it might not be the most appropriate course of action based on your specific circumstances.

The USCIS urges applicants to consider whether they are eligible to become naturalized U.S. citizens before attempting to renew their green cards. If you are eligible for naturalization, it makes more sense to pursue citizenship rather than green card renewal.

To assist you in your search, the USCIS offers an online “Check Naturalization Eligibility” tool that helps you determine whether you can become a full U.S. citizen. For more guidance on this important decision, consider consulting with a qualified immigration lawyer.

What Is Immigration Form I-90?

If you have determined that green card renewal is indeed necessary, you will need to fill out Form I-90. Note that this form is only for those who have 10-year green cards that will soon expire. If you are trying to renew a conditional green card that expires after only two years, you will need to fill out a different form.

Who Needs to Fill Out Form I-90?

Anyone who has a 10-year green card that is close to expiring should fill out Form I-90. It’s important to note that if you are a Lawful Permanent Resident (LPR), you must renew your green card or apply for full U.S. citizenship as you approach the end of these 10 years.

Form I-90 also allows you to replace a lost, stolen, or damaged green card. Finally, the USCIS states that if you obtained permanent resident status before turning 14, you must file Form I-90 within 30 days of your 14th birthday. The following individuals may need to file Form I-90 if their green cards are close to expiry:

• Parents who obtained green cards through the citizenship of their children
• Spouses who obtained green cards through marriages that lasted more than two years
• Siblings who obtained green cards through their siblings’ citizenship
• Children who obtained green cards through their parents’ citizenship
• Those who obtained 10-year green cards after two-year conditional permanent residency

Some older green cards do not have an expiry date printed on the front. If this is the case with yours, the USCIS recommends its immediate replacement (as it is probably no longer valid).

What Happens After You Submit Form I-90?

Assuming there were no issues with your filing, the USCIS will notify you by mail that they have received your Form I-90. If all goes well, you will receive a notification of a biometrics appointment. During this short appointment, a USCIS official will scan your fingerprints, record your signature, and photograph you. The purpose of this appointment is to collect the necessary data to conduct a criminal background check—something that all applicants must go through.

If you suspect that you might have a criminal record, always inform your immigration lawyer before attending your biometrics appointment, as they will have insight into how to best navigate your situation. After your biometrics appointment, you should receive your new green card by mail.

You will need to provide a copy of your expiring green card if you are applying for a green card renewal. You may need different documents if you have lost your green card or if you’re filing for some other reason (such as a name change). If you’re unsure about your required documents, be sure to solicit legal advice from a trusted immigration lawyer.

Some green cards expire in only two years, and two groups of individuals may receive these Conditional Permanent Resident Cards. The first group includes spouses who obtained green cards through marriages with U.S. citizens that lasted less than two years. The second group of green card holder is reserved for certain entrepreneurs.

Renewing these two-year green cards is different compared to renewing 10-year green cards. Technically speaking, two-year green cards cannot be renewed at all; they must instead be replaced with a 10-year green card. To complete this process, you will need to file a “Petition to Remove Conditions on Residence” rather than Form I-90. If you successfully remove these conditions, you will receive a 10-year green card.

Whereas you will need to file Form I-751 if you fall into the “spouse” category, Form I-829 is reserved for entrepreneurs. A two-year green card expires faster than many residents realize, which is why it’s important to keep a close eye on your green card status. If you fail to take the necessary steps in time, you could face deportation.

If possible, you should pursue full U.S. citizenship instead of attempting to renew a green card. U.S. citizens have more rights compared to permanent residents, and they can never face deportation. If successful, you receive a passport as a US citizen and receive the right to vote and run for office. Obtaining U.S. citizenship also makes you eligible for a wider range of jobs and allows you to sponsor your family members and bring more of your loved ones into the United States.

If you have a conditional green card as a result of your marriage, you will be legally required to file Form I-751 to remove conditions on your green card. Failing to do so before your conditional green card expires may cause you to lose your conditional residency.

After this happens, regaining entry into the U.S. may require you to jump through several daunting legal hurdles. In worst-case scenarios, the USCIS may revoke any possibility of legal reentry, which is one of the many reasons it is critical to work with an experienced immigration attorney to ensure you meet crucial I-751 filing requirements and guidelines.

This article will explain everything you need to know about I-751 filing requirements and guidelines, including steps to filing, the processing timeline, and other legal considerations.

Feeling uncertain about your I-751 application? Don’t risk your future in the U.S. by failing to reach out for help. Contact Naya Immigration to schedule a consultation today.

A conditional green card obtained through marriage is a temporary residency status granted to a foreign national spouse of a U.S. citizen or permanent resident. This type of green card is officially known as a “conditional permanent resident” status and is issued for two years. It is intended to address concerns about marriages that are less than two years old at the time of obtaining the green card.

The primary purpose of the conditional green card is to allow U.S. immigration authorities to assess the legitimacy of your marriage. Because marriages of less than two years may be subject to greater scrutiny, the conditional green card serves as a kind of probationary period. During this time, you and your spouse are expected to demonstrate that your marriage is genuine and not a means to obtain immigration benefits fraudulently or nefariously.

If you are like most conditional green card holders, your conditional green card will have an expiration date. You will be required to file Form I-751 (Permission to Remove Conditions on Residence) to remove those conditions before the expiration date.

Before beginning the Form I-751 filing process, it’s important to double-check whether or not you’re required to do so. Generally speaking, you will need to file Form I-751 (also known as an I-751 petition) if you married a U.S. citizen or permanent resident within the two years prior to receiving your green card. This is also the case if you marry a U.S. citizen or permanent resident after entering the U.S. on a temporary or work visa.

In most situations, green card holders with conditions must submit a Form I-751 to the USCIS in the 90-day period prior to their conditional visa expiration date—not before, and under no circumstances, after. The expiration date of a conditional green card will typically be two years from the issue date. When filing your Form I-751, you will also be required to pay a filing fee, and in most cases, file jointly with your spouse on the same I-751 form to be approved by the USCIS for permanent residency.

Waiving the Form I-751 Joint Filing Requirement

More often than not, you will be required to still be married when applying for the I-751 removal of conditions. Typically, you will also be required to file a joint petition (file your I-751 together) to have your visa conditions removed and remain in the country. However, there are several reasons why you may be allowed to waive the joint filing requirement.

You might be eligible for a waiver of the joint filing requirement in the following situations:

• You and your spouse divorced or annulled your marriage.

• Your spouse abused you.

• Your spouse died.

In each of these cases, you must prove that you and your spouse were married under “good faith,” meaning you had a legitimate marriage ceremony and every intention of making the marriage work. You may be surprised to learn that this stipulation isn’t as hard to prove as it sounds. Verifying the “good faith” requirement can be proven through any combination of the following documents:

• Birth certificates of children born to you and your spouse

• Communications such as text messages, love letters, emails, and social media posts that show genuine love between you and your spouse, as well as communications from friends or family discussing your relationship

• Joint bank account statements
  
  

• Apartment rental leases or property deeds in both your names
  
  

• Personal affidavits by friends, family members, your spouse, and you regarding the authenticity of your marriage
  
  

The USCIS also makes exceptions in cases of extreme hardship. If you are not able to fulfill your duty and file Form I-751 before your conditional visa expires due to extreme hardship, and you and your immigration attorney can make a case for it to the USCIS, you may still satisfy the joint-filing requirement and be allowed to remain in the country on a bonafide 10-year green card.

When your 90-day I-751 filing period begins, you must move quickly through the process while also making sure that your form is complete and legible. If you and your spouse are filing together, it may be a good idea to set aside a specific time for the two of you to work through the form together.

Form I-751 can be completed online or by mail, and will ask you a series of questions about your personal, medical, financial, criminal, and immigration history. It will also require a series of fees (paid by credit card or money order) and possibly an in-person interview to verify specific information and to gather biometric evidence such as signatures or fingerprints.

Lastly, the I-751 will ask for several pieces of documentation as evidence of your statements. It’s a good idea to begin gathering the required documentation before your 90-day processing period to save time. To file, you will need copies of the following:

• Your green card

• Evidence of a genuine marriage, including joint bank account statements, leases or mortgages, utility bills, tax statements, and communications between you and your spouse

• Form I-864 (Affidavit of Support), if you are unemployed

• Two passport photographs

• Personal statements by you, your spouse, or friends and family members attesting to the nature of your relationship

• Police records, if you were arrested or charged with a crime while in the U.S.
  
  

After you’ve completed I-751, double-check to make sure your application, all of the supporting documents, and proof of fee payment are complete and legible before submitting them to the USCIS. If there are any issues with your paperwork, it could delay your processing time.

Processing time depends on which USCIS location is processing your I-751, if there are complications surrounding your application (such as a joint-filing waiver), and the number of documents submitted. That being said, the average processing time for USCIS claims for Form I-751 is 38 months (as of 2024). If your processing time runs longer than expected, it’s okay to reach out to the USCIS to check the status of your application or have an immigration lawyer do so on your behalf.

In some cases, processing time may be extended (or shortened) by a USCIS interview. The purpose of this interview is to verify the statements made in your I-751 and any other information that may need clarification. The USCIS may also need you to submit biometric records in person. This may include signatures or fingerprints and will require a biometric fee.

If you’re required to submit to an interview to complete your I-751 processing, the USCIS will notify you directly. If this happens, gather the original copies of the supporting documents submitted with your I-751 for your appointment with the USCIS, as well as a copy of your I-751 if you have it. Get to your appointment on time and be prepared to answer questions regarding:

• Your marriage

• Your immigration history

• Your criminal history

• Your familial background

• Your financial background

• Your work history

If no additional information is needed and no issues come up in the interview, the USCIS may grant you a bona fide permanent resident card. Or, they may ask for more time to process the information.

Immigration laws are particularly complicated when it comes to filing an appeal in immigration court. Conditional green card holders, unfortunately, do not have the same rights as American citizens do in criminal court, which is why it’s essential to have an immigration lawyer by your side when filing your I-751.

An experienced immigration lawyer will be able to review your paperwork, documents, and statements to make sure your I-751 won’t raise any issues when it reaches the USCIS. If it does, your attorney will be able to represent you in court to ensure you’re given a fair chance at appeal.

Whether you need legal representation in California due to an immigration issue or you simply need help with the I-751 filing process, Naya Immigration is here to help. Contact our law firm today to schedule a consultation.