The United States Citizenship and Immigration Services (USCIS) has issued a critical reminder for foreigners holding a two-year Green Card, stating that failing to file a petition within a specific 90-day window before the card's expiration could result in the loss of permanent resident status. This rule applies to conditional permanent residents who obtained their status through marriage to a US citizen or through investor pathways.
USCIS Rule: No Renewal, Only Petition to Remove Conditions
According to USCIS, conditional permanent residents are not allowed to renew their two-year Green Cards in the same manner as standard cardholders. Instead, they must file a separate petition to remove the conditions attached to their residency status. The agency has made it clear that missing the filing window is not an option, as it risks the individual losing their permanent resident status entirely.
The type of petition required depends on how the conditional residency was obtained. Those who received their status through a family-based route, such as marriage to a US citizen, must file Form I-751, known as the Petition to Remove Conditions on Residence. Meanwhile, those who entered as investors or entrepreneurs are required to submit Form I-829, the Petition by Entrepreneur to Remove Conditions.
Calculating the 90-Day Filing Window
USCIS states that the petition must be submitted within the 90-day window before the Green Card's expiration date. To help conditional residents avoid missing the deadline, the agency provides a Filing Calculator on its official website. This tool allows users to enter their card's expiry date and determine exactly when the 90-day period begins.
The guidance applies to a significant number of immigrants in the United States, particularly those who obtained their Green Cards through marriage to a US citizen and have held conditional status for two years. The removal of conditions is what converts that temporary status into a full, unconditional permanent residency.
Impact on Nigerian and African Immigrants
For Nigerians and other Africans in the United States navigating the immigration process, this rule is particularly relevant given the growing number of people on the 'Japa' wave who have obtained or are pursuing family-based or investor-based residency pathways. Missing the deadline could mean starting the process over, which would be a significant setback for those seeking to secure their status.
Meanwhile, USCIS has also announced the full list of conditions under which lawful permanent residents must replace their Green Cards. Earlier reports indicated that some Green Card holders needed to complete an important immigration process before their cards expired, and authorities warned that missing a key requirement could affect a person's lawful permanent resident status.
