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Conditional vs. Permanent Green Card?

Memphis, TN |

what's determine if the green card is conditional or permanent ? is it the filing date or interview date or the benefit granted date. I'm filling green card application through marriage.

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Best Answer

Date granted

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at


benefit granted date.


The length of the marriage at the time USCIS grants adjustment of status.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Conditional residence will be given if the application for adjustment of status (green card application) was approved before the second anniversary of the interview. If the application was approved after the second anniversary a regular 10-year card should be issued even if the marriage was less than 2 years old at the time of the interview.

A permanent resident who mistakenly received a two-year conditional green card which was approved after the second anniversary should consult with an immigration lawyer about having the card corrected.

Ari Sauer
The Immigration Answer Man
Siskind Susser, PC
1028 Oakhaven Rd
Memphis, TN 38119

Disclaimer: The information here is for educational purposes only and should not be relied upon without first consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice without first consulting with an immigration lawyer and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Ari Sauer is licensed to practice by the states of NY & NJ only and limits his practice to immigration law. Neither NY, NJ or TN offer certification as an Immigration Specialist. This is an advertisement.



what do you mean by " ... even if the marriage was less than 2 years old at the time of the interview. "



your answer is confusing me

Ari J Sauer

Ari J Sauer


Meaning that if you had your interview before your second anniversary but USCIS did not approve your green card until after your second anniversary then you should receive a 10-year card without the condition.


As my colleagues have stated, conditional green cards are issued for marriages less than two years old. Before the expiration of the two years, you must file a petition to remove conditions, at which point a permanent green card will issue.

This response in no way establishes attorney/client privilege or relationship.

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