The Difference Between Two-Year and Ten-Year Green Cards
The two-year conditional green card is issued to foreign nationals who have residency through a marriage that is less than two years old. From the date of issue, the holder has two years to remove the condition on their green card and apply for a ten-year permanent green card.
The ten-year green card is issued to foreign nationals who have proved the legitimacy of their marriage through evidence and have been married for at least two years. It is valid for ten years and renewable indefinitely.
Overview of Green Card Categories
As noted above, when it comes to green cards, there are two main categories: the two-year green card and the ten-year green card. Both of these green cards are issued to people that wish to become permanent residents in the United States.
What Is A Two-Year Green Card?
A two-year green card, also known as a two-year conditional green card, is a temporary green card that’s issued to individuals who have obtained residency through marriage that is less than two years old. This type of green card is only valid for two years from the date of issue.
To obtain a ten-year green card, individuals with a two-year green card must file a form I-751, Petition to Remove Conditions on Residence, within 90 days of the expiration date of their two-year green card. This form is used to prove that the marriage is legitimate and not simply a means to obtain a green card.
What Is A Ten-Year Green Card?
A ten-year green card, also known as a permanent green card, is issued to individuals who have obtained residency through marriage that is more than two years old, or through employment, asylum, or other means. This type of green card is valid for ten years from the date of issue.
Unlike the two-year green card, individuals with a ten-year green card do not need to file a form I-751 to remove conditions on their residence. However, they must still comply with all other rules and regulations governing permanent residency in the United States.
In addition to the two-year and ten-year green cards, there are many other categories of green cards, including those for family members of U.S. citizens and permanent residents, refugees and asylees, and victims of human trafficking and other crimes.
Each category has its own eligibility requirements and application process, so it is important to research the specific category that applies to your situation before applying for a green card.
Eligibility Criteria
Two-Year Conditional Green Cards
To be eligible for a two-year conditional green card, you must be married to a U.S. citizen or a lawful permanent resident for less than two years. You must also meet all the other eligibility requirements, such as passing a background check, submitting biometric information, and attending an interview with a USCIS officer.
We should note that a two-year conditional green card is not the same as a temporary green card. While the two-year green card is only valid for two years, it is a permanent resident status that allows you to live and work in the United States indefinitely.
Ten-Year Permanent Green Cards
To be eligible for a ten-year permanent green card, you must have already held a two-year conditional green card and successfully petitioned to have the conditions removed. Alternatively, you may be eligible for a ten-year green card if you are an immediate relative of a U.S. citizen, such as a spouse, parent, or unmarried child under 21 years old.
Like with the two-year conditional green card, you must meet all the other eligibility requirements, such as passing a background check, submitting biometric information, and attending an interview with a USCIS officer.
The ten-year green card is not a temporary status; it is a permanent resident status that allows you to live and work in the United States indefinitely.
Application and Renewal Process
Initial Application Steps
To apply for a two-year conditional green card, one must file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for permanent resident status in the United States. The applicant must also submit supporting documents, such as a birth certificate, passport, and marriage certificate, if applicable. Additionally, the applicant must attend an interview with a USCIS officer.
On the other hand, to apply for a ten-year green card, one must file Form I-485, Application to Register Permanent Residence or Adjust Status, or Form I-130, Petition for Alien Relative, depending on the specific circumstances. The applicant must also submit supporting documents, such as a birth certificate, passport, and proof of relationship with the petitioner, if applicable. Additionally, the applicant must attend an interview with a USCIS officer.
Renewal and Removal of Conditions
Individuals with a two-year conditional green card must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before their conditional green card expires. The applicant must submit supporting evidence, such as joint financial statements, tax returns, and utility bills, to prove that the marriage is still valid and bona fide. Additionally, the applicant must attend an interview with a USCIS officer.
Individuals with a ten-year green card must file Form I-90, Application to Replace Permanent Resident Card, to renew their green card. The applicant must submit supporting documents, such as a copy of the expiring green card and two passport-style photos, along with the application. There is a filing fee associated with this form.
Rights and Responsibilities
As a permanent resident, you have new rights and responsibilities.
Employment and Public Benefits
One of the most significant rights that come with a green card is the right to work in the United States. You can work for any employer in any industry, including government jobs. However, some jobs require U.S. citizenship, and you may not be eligible for certain federal benefits.
You may be eligible for some public benefits, such as education, emergency medical assistance, and disaster relief. However, you are not eligible for most federal public benefits, such as Social Security, Supplemental Security Income, and Temporary Assistance for Needy Families (TANF).
Obligations and Protections
As a permanent resident, you have some obligations that you must fulfill. You must obey all federal, state, and local laws, including paying taxes. You must also register with the Selective Service if you are male and between the ages of 18 and 25.
You are protected by the U.S. Constitution and laws, and have the right to due process of law. You can also travel outside the United States and return, as long as you have a valid green card and do not stay outside the country for more than six months.
North County Immigration: Escondido & San Diego Immigration Lawyer
If you need a green card, working with an immigration lawyer can help be a great help. At North County Immigration, we handle green card applications on a regular basis. If you’d like us to help with your immigration paperwork or other immigration issues, contact us today to schedule a consultation.