Conditional residence status is granted for two years. Its expiration date is stated on the green card.
In the last ninety days before the expiry of the two year conditional green card, the foreign national must apply for removal of condition from his or her permanent resident status.
Failure to timely seek removal of condition results in automatic termination of the conditional permanent status.
Additionally, conditional status can be lost upon denial of removal of condition. The conditional resident may appeal the denial. When the application to remove the condition is denied, USCIS forwards the case to the Immigration Court.
Separated and divorced spouses may have bigger problems and have a hard time combating the marriage and personal problems and are not in the right frame of mind. Additionally, establishing the requirements Conditional resident status can be burdensome.
Whether the conditional resident status is automatically terminated for failure to file the application or because of denial of the removal of condition application, the applicant becomes removable i.e. deportable and may seek available remedies before the immigration court.
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