Answer By law4u team
A conditional Green Card is granted to individuals based on specific conditions, such as marriage to a U.S. citizen or permanent resident. Typically, the Green Card is valid for two years, and the individual must apply to remove the conditions before it expires. Once the conditions are removed, they can proceed toward U.S. citizenship through the naturalization process.
Can a Conditional Green Card Holder Become a U.S. Citizen?
Yes, a person with a conditional Green Card can become a U.S. citizen, but they must first meet certain requirements and follow the correct steps. The path to citizenship for a conditional Green Card holder generally involves these key steps:
Remove the Conditions on Your Green Card:
The first step for a conditional Green Card holder is to apply to remove the conditions on their permanent residency. This is typically done by filing Form I-751 (for marriage-based Green Cards) or Form I-829 (for investor Green Cards) within the 90-day period before the card expires. If successful, the individual will be issued a 10-year permanent Green Card.
Failure to remove the conditions can result in the loss of permanent residency status, so it is critical to apply for removal on time.
Meet the Residency Requirements:
Three-Year Rule:
If your Green Card was obtained through marriage to a U.S. citizen, you may apply for citizenship after three years of permanent residency, provided that you remain married to the same U.S. citizen spouse during that time.
Five-Year Rule:
If you obtained your Green Card through other means (such as family-based or employment-based), you must wait for at least five years of permanent residency before applying for citizenship.
The time spent on a conditional Green Card counts towards the required residency period, but it is important that you maintain continuous residence and do not violate any immigration laws during this time.
File for Naturalization:
Once the conditions on your Green Card are removed, and you meet the residency requirements, you can file for naturalization by submitting Form N-400 (Application for Naturalization).
The N-400 form requires information about your residence, employment history, tax filings, and any criminal history. You will also need to demonstrate that you have basic knowledge of English and U.S. civics, unless you qualify for an exemption.
Meet Additional Naturalization Requirements:
Physical Presence:
You must have been physically present in the U.S. for at least half of the required residency period (either 3 or 5 years, depending on your case).
Good Moral Character:
You must demonstrate good moral character during your residency period. Any criminal offenses or violations of immigration laws could disqualify you from citizenship.
English and Civics Test:
You will need to pass an English language test and a U.S. civics test unless you are exempt due to age or disability.
Attend the Naturalization Interview and Oath Ceremony:
After submitting your N-400, you will be scheduled for a naturalization interview. During the interview, a USCIS officer will review your application, ask questions, and test your knowledge of English and U.S. history.
If approved, you will be invited to take the Oath of Allegiance and officially become a U.S. citizen.
Example:
A woman from Mexico received a conditional Green Card after marrying a U.S. citizen. Two years later, she and her husband applied to remove the conditions on her Green Card by submitting Form I-751. Once the conditions were removed, she became a permanent resident and continued to meet the requirements for the next three years. After five years of permanent residency, she filed for naturalization (Form N-400) and successfully became a U.S. citizen.
Key Considerations:
Divorce or Separation:
If a conditional Green Card holder is divorced or separated from their U.S. citizen spouse before the conditions are removed, they may still be able to apply for a Green Card or citizenship, but they will need to prove that the marriage was entered into in good faith and not for immigration purposes.
Conditional Status Removal Is Critical:
Before applying for citizenship, the conditions must be removed from your Green Card. Failure to do so will prevent you from being eligible to apply for U.S. citizenship.
Continuous Residence:
During the conditional residency period, you must maintain continuous residence in the U.S. Extended trips abroad may disrupt your residency and eligibility for citizenship.
Timing:
It's important to carefully track the timeline for removing the conditions on your Green Card and applying for citizenship to avoid any lapses in your permanent resident status.
Conclusion:
A conditional Green Card holder can absolutely transition to U.S. citizenship, but they must first follow the process of removing the conditions on their Green Card and fulfilling the residency and other eligibility requirements for naturalization. Once the conditions are removed, the individual must meet the residency and good moral character requirements before applying for citizenship. After meeting all these criteria and passing the naturalization test, a conditional Green Card holder can become a U.S. citizen.
