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What is the Difference Between Removing Conditions and Renewing a Green Card?

There’s a big difference between removing the conditions on a 2-year green card and renewing a green card. Applicants sometimes confuse the two processes with serious consequences.

Green card holders either possess a 2-year conditional card or a 10-year card. The former is referred to as conditional permanent residents while holders of 10-year cards are permanent residents.

Conditional green cards are issued to certain marriage-based and investment-based applicants for permanent residence. If you have been married under two years to a U.S. citizen or a lawful permanent resident at the time you gained your green card, U.S. Citizenship and Immigration Services (USCIS) will give you a 2-year green card. Officials want to ensure your marriage is valid before you receive a 10-year green card.

Likewise, some entrepreneurs can qualify for permanent residence based on investment. Permanent residence based on investment is initially conditional.

Holders of conditional green cards should know the difference between removing conditions and renewing a green card. It is not possible to renew a 2-year green card, although you can apply to replace one.

Holders of conditional green cards must file for removal of conditions within the 90-day period before the conditions expire. USCIS urges conditional permanent residents to check its filing calculator to work out when they should apply for the removal of conditions. People who fail to file for the removal of conditions face losing their permanent resident status and removal from the United States.

You must file Form I-751, Petition to Remove the Conditions of Residence if your green card is based on marriage. Check the USCIS website for the form as well as instructions to file Form I-751.

If you are still married, you should file Form I-751 jointly with your spouse who you obtained conditional status with. You may file I-751 without your spouse if you entered the marriage in good faith but your spouse died; the marriage was terminated because of divorce or annulment, or you entered the marriage in good faith but were battered or subjected to extreme cruelty by your spouse.

The same provision applies to children of conditional green card holders who were battered or subjected to extreme cruelty by their parent’s spouse.

Entrepreneurs should file Form I-829 to remove the conditions on their green cards within the 90-day period before expiration.

An important difference between removing conditions and renewing a green card is the documentation you must use. Always complete Form I-90 to renew or replace a 10-year green card. Never fill in this form to remove conditions. 

Our Virginia Beach-based immigration law firm can advise and help you with I-90 renewal of a green card as well as I-751 or I-829 removal of conditions.

Failure to renew or replace a green card can be costly and jeopardize your future in the United States. Please contact our attorneys as soon as possible for help with renewing a green card or the removal of conditions. 

Back to Green Card Renewal >

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Testimonials

Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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Gardner & Mendoza, P.C.
909 First Colonial Rd., Suite 100
Virginia Beach, VA 23454
  • 757-464-9224
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Our main law office is conveniently located in the Hilltop section of Virginia Beach, near Sentara Virginia Beach General Hospital and Oceana Naval Base. See law office locations.

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