united-states immigration
Does unlawful presence rule apply for conditional permanent residents?
<ul>
<li>Jul 2018 I came to the U.S. with a K1 visa.</li>
<li>Sep 2018. I married a U.S. citizen.</li>
<li>May 2019. I got a conditional 2 year green card that expires in May 2021.</li>
<li>May 2020. I divorced but I did not remove the conditional status. Did not apply for any documents.</li>
<li>Nov 2021. I went back to my country with an expired conditional green card.</li>
</ul>
<p>Now I am in my country. I have an expired conditional green card. I did not apply for any documents.</p>
<p>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?</p>
<p>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?</p>

<p>According to USCIS Adjudicator's Field Manual chapter 40.9.2(b)(1)(C)(ii) (on page 73-74 of <a href="https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm40-external.pdf" rel="nofollow noreferrer">this PDF</a>), it seems that unlawful presence began to accrue when your 2-year green card expired:</p>
<blockquote>
<p>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.</p>
</blockquote>
<p>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.</p>
<blockquote>
<p>If the late filed petition is accepted and approved, no unlawful
presence time will be deemed to have accrued.</p>
<p>[...]</p>
<p>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.</p>
</blockquote>
