There tends to be a lot of confusion about the difference between replacing a green card (Form I-90) and removing conditions on a green card (Form I-751) (also called permanent residence card). Conditional green cards are issued to curb marriage fraud by requiring more good faith marriage evidence after two years of having received the green card.
Here is a guide to see which is right for your situation:
You will likely need to remove the conditions and use form I-751 if any of the following apply to you:
- Your green card based on a marriage to a U.S. citizen or Permanent Resident that was granted before the second anniversary of your marriage
- Your green card was granted only for a two-year period
- Your green card has the code that starts with the letter “C” on it categorizing it as a conditional green card such as CR1 or CR6
But even if you were granted a two-year green card many years ago and either didn’t know or forgot to remove the conditions, what should you do?
You will still likely need to file form I-751.
What if you divorced or are no longer with the person the original petition was based on- should you still file form I-751 if it is a two-year green card?
Yes, you still file form I-751.
What if you lost your two-year green card right before it expired? Can you get a replacement by filing form I-90?
No. In that case you will still need to file form I-751.
So, when do you use form I-90?
Form I-90 is typically used to replace a green card that was issued for 10 years that has expired or been lost, stolen, or destroyed. (Although if you never received your two-year green card or it was immediately lost or stolen when you received it, you can file form I-90 to replace it.)
If your green card is expiring or already has expired or you lost it and you are still unsure about which form to use, do not panic! Give us call at 727 471 0677 we can help!