By Ilona Bray , J. If you received a green card with a two-year expiration date on it, you are what's called a conditional resident. Conditional resident status isn't renewable, and the expiration date applies not only to the card, but to your actual status. If you don't act within those two years to have the condition removed —that is, to convert to permanent residence—you will lose your right to be in the United States. The eligibility and process for removing conditional resident status depends on the basis upon which you received it, either as:.
A conditional green card for entrepreneurs, also called investors, lasts for two years. Within 90 days before the green card expires, you must petition U.
Many people fail at this step in the process, because they don't take it seriously, and don't prove what they need to. Pay close attention to your two-year deadine. If you fail to submit the form and documents on time, or USCIS refuses to remove the conditions on your residence status, removal proceedings will in all likelihood be started against you , potentially forcing you to leave the country.
See an immigration attorney for a full analysis. If your failure to file the Form I was for good cause and due to extenuating circumstances, the lawyer may be able to convince USCIS to let you file late. Two years of conditional resident status is given to immigrants whose marriage to their U. The purpose of this two-year condition is so that the couple prove for a second time that their marriage is real.
USCIS wants a second look at whether the couple married simply to gain immigration status for the immigrant, rather than to establish a life together. You were no doubt asked to provide documents and other proof that your marriage was bona fide when you obtained your conditional resident status—now you'll have to provide more, similar documentation, covering the subsequent two-year period. This article only applies to individuals who have a conditional green card. These cards are generally valid for two years and are obtained through a U.
Individuals with a year green card do not file Form I If you successfully filed Form I, U. The receipt letter has a receipt number to track your case. But the letter will also extend your conditional residence for an additional 18 months while USCIS reviews your case. Used together, they function like a normal green card.
If the letter expires before you receive your year green card, contact USCIS to request a new letter. If you failed to file the I petition in the day period before your card expired, you are likely removable deportable from the United States.
It is extremely important for your to address the situation as soon as possible. In certain circumstances you may be able to file Form I on your own even after the conditional green card expired.
If you failed to file the I petition through no fault of your own, you may file late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the petition that the delay was due to extraordinary circumstances beyond your control and the length of the delay was reasonable.
If you do have a compelling reason to file late, you should respond immediately. And you should consider contacting an immigration attorney that can guide you through this process. What should I do? Once you're given the I stamp, it will not expire for another year. If you request it, the USCIS information officer will also send an inquiry to the Service Center handling your case, pointing out that your case has gone beyond normal processing time.
Or, it may call you and your spouse in for an interview first. If it's getting close to the time when you can apply for U. Although USCIS cannot actually give you citizenship unless the I is approved, if it sees that you still have an I pending when you apply, it will take care of your I first, then process your citizenship application.
Do not travel with an expired receipt notice! If you do not get your permanent resident card by the time your receipt notice expires, you'll need to get a temporary stamp in your passport before leaving the United States. If you fail to do so, you might not be let back in. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Grow Your Legal Practice.
0コメント