• Jul 2018 I came to the U.S. with a K1 visa.
  • Sep 2018. I married a U.S. citizen.
  • May 2019. I got a conditional 2 year green card that expires in May 2021.
  • May 2020. I divorced but I did not remove the conditional status. Did not apply for any documents.
  • Nov 2021. I went back to my country with an expired conditional green card.

Now I am in my country. I have an expired conditional green card. I did not apply for any documents.

Question: Since my conditional green card expired in May 2021, and I stayed in the U.S. until Nov 2021, does all that time May-Nov count as “unlawful presence”? Or does “unlawful presence” not apply for permanent residents?

Question: Am I going to have issues going back to the U.S. with my expired conditional green card, if I decide to go back right now?

  • I think this could be better answered on Travel.SE or Expats.SE.
    – Ron Beyer
    Nov 6, 2021 at 13:58
  • Are you planning to apply for Removal of Conditions?
    – user102008
    Nov 6, 2021 at 16:07
  • No. I’m still thinking. If I decide to come back….will I be admitted?
    – user41577
    Nov 6, 2021 at 16:17
  • 1
    It seems like the easiest way for you to be able to return to the US is to apply for Removal of Conditions.
    – user102008
    Nov 6, 2021 at 16:22
  • For what purpose would you return to the US? As a visitor?
    – phoog
    Nov 6, 2021 at 17:15

1 Answer 1


According to USCIS Adjudicator's Field Manual chapter 40.9.2(b)(1)(C)(ii) (on page 73-74 of this PDF), it seems that unlawful presence began to accrue when your 2-year green card expired:

The alien begins to accrue unlawful presence as of the date of the second anniversary of the alien’s lawful admission for permanent residence. See id . Also, failure to appear for the personal interview that may be required by USCIS in relation to the Form I-751 or I-829 petition results in the automatic termination of the conditional legal permanent resident status, unless the parties establish good cause for the failure to appear.

In chapter 40.9.2(b)(1)(C)(iii) (on page 74), it says that if you make a late filing of Removal of Conditions and it is approved, you are deemed to not have accrued unlawful presence, but if it is denied, you are still considered to have accrued unlawful presence from the expiration of your 2 years.

If the late filed petition is accepted and approved, no unlawful presence time will be deemed to have accrued.


If, however, the late filing is rejected, the alien begins to accrue unlawful presence time on the date his or her status as a conditional resident automatically terminated.

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