Green Card Expirations

Thứ Tư, 04 Tháng Hai 201521:13(Xem: 19717)
Green Card Expirations

This week we look at dates important to permanent residents and to those applying to become permanent residents of the United States.

The expiration date of the Green Card is important. For people with a ten year Green Card, there is no expiration date on their status as lawful permanent resident. The expiration date only applies to the Green Card itself. However, this does not mean that the date on the green card should be ignored.

An expired 10 year Green Card is like an expired passport. If the US passport expires, the person is still an American citizen, but the expired passport cannot be used for travel outside the US. If the ten year Green Card expires, the permanent resident is still a permanent resident, but the expired Green Card cannot be used for international travel or to prove eligibility for employment.

Therefore, permanent residents with a ten year Green Card are encouraged to file form I-90 to renew the green card during the final six months of the card's validity.

Two Year Green Cards for Conditional Residents are different. Conditional permanent residence is granted in green card cases based upon marriage, when the marriage is less than two-years-old at the time the case is approved. Conditional residents must file a petition to remove conditions within 90 days before the two year Green Card expires.

An expired two year card is different from an expired ten year Green Card. When a ten year Green Card expires, the person still keeps the permanent resident status. However, for conditional permanent residents, the expiration date on their green cards means the end of their permanent resident status if they do not file the I-751 form on time.

In the 90-days before the end of the two-year period, the conditional resident must file an I-751 to "remove the conditions." Failure to file this I-751 during the 90 day period before the expiration date of the two year card will result in loss of permanent resident status and, potentially, even placement in removal (deportation) proceedings. Therefore, this deadline should be taken seriously.

The correct form to remove conditions for two year Green Card holders is the I-751. A frequent mistake by conditional permanent residents is filing the incorrect form at the end of the two-year period. Immigrants sometimes make a mistake and file a form I-90 application to replace a two year permanent resident card. The I-90 cannot be used to remove conditions and obtain a permanent Green Card. And, there have been many incidences of the USCIS accepting the I-90's. Months later, when CIS tells the applicants that the I-90 is not correct for them, the two year Green Cards have expired and the applicants have lost their permanent resident status.
--------------------------------------------------------

Q.1. What is the processing time for the I-90 and I-751 applications?

A.1. CIS is now processing these applications if they were received before May 2014.
--------------------------------------------------------
Q.2. For Conditional Permanent Residents, what happens if CIS does not approve the Green Card renewal application by the time the Green Card expires?
A.2. The CIS receipt notice for the I-751 serves as proof of continuing permanent resident status. USCIS automatically extends the green card and permanent residency status while they are deciding on the petition. So, if you have filed an I-751 you will remain in conditional resident status until they make a decision on your I-751.
--------------------------------------------------------

Q.3. For a two year conditional Green Card, what happens if the US citizen spouse refuses to sign the I-751 petition?

A.3. In such cases, there is usually a divorce. The divorce, plus evidence that the marriage was genuine, is enough to allow the foreign spouse to file the I-751 without the sponsor’s cooperation. If the foreign spouse has been abused physically or psychologically, and has evidence of this, then she can file the I-751 without a divorce and without the husband’s cooperation.

ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru

9070 Bolsa Ave., Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Rang Mi - 47 Phung Khac Khoan, Q1, HCMC (848) 3914-7638

Thứ Năm, 22 Tháng Giêng 2015(Xem: 15328)
EB-5 requirements for an investor in a Regional Center are essentially the same as in the basic EB-5 investor program.
Thứ Tư, 14 Tháng Giêng 2015(Xem: 15847)
The EB-5 program gives visas to foreigners who are willing to invest at least $500,000 in approved projects.
Thứ Tư, 07 Tháng Giêng 2015(Xem: 18520)
According to the latest statistics from the US Department of State, 4.3 million immigrant visa applicants worldwide are waiting for their cases to be eligible for visa interviews.
Thứ Hai, 29 Tháng Mười Hai 2014(Xem: 15761)
According to the latest report from the Congressional Research Service, Vietnam is Number 4 in the list of top countries with immigrants waiting for admission to the US in the Family based quota categories.
Thứ Ba, 23 Tháng Mười Hai 2014(Xem: 15287)
If you are in the U.S., married to a Permanent Resident, and your visa petition is current, can you apply for a Green Card while in the U.S. ?
Thứ Sáu, 19 Tháng Mười Hai 2014(Xem: 21272)
A CIS interview is most difficult for a person who has come to the US on a visitor or student visa, and then meets and marries a US citizen within a few months of arriving in the States.
Thứ Năm, 11 Tháng Mười Hai 2014(Xem: 14957)
An alien spouse who was admitted to the United States in a non-immigrant category, and who is not out of status, may apply for a Green Card if he or she is eligible to receive an immigrant visa and one is immediately available.
Thứ Ba, 02 Tháng Mười Hai 2014(Xem: 15196)
In general, the Executive Actions apply only to people who are in the US now and who are out of status.
Thứ Tư, 19 Tháng Mười Một 2014(Xem: 15716)
Until you receive approval from USCIS, do not assume the status has been approved, and do not change your activity in the United States.
Thứ Tư, 12 Tháng Mười Một 2014(Xem: 17054)
The rule of consular non-reviewability began more than a hundred years ago in order to limit or prevent Chinese immigrants from entering the United States.