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Posts Tagged ‘Form I-751’

USCIS updates

The USCIS has revised the following forms :

JANUARY 2011 :

  • Form I-129, Petition for a Non Immigrant Worker

New edition dated 01/19/11. (11/23/10 edition also accepted).

  • Form N-644, Application for Posthumous Citizenship

New edition dated 10/06/10. Previous editions accepted.

  • Form I-751, Petition to Remove The Conditions On Residence

New edition dated 01/12/11. Previous editions accepted.

DECEMBER 2010 :

  • Form N-648, Medical Certification for Disability Exceptions

New edition dated 09/24/10. The 07/01/09 and 10/16/08 editions of the Form N-648 will be accepted until March 21, 2011. Thereafter, no previous editions will be accepted.

  • Form I-566, Interagency Record of Request – A, G,or NATO  Dependent Employment Authorization or change/adjustment to/from A,G, or NATO status

New edition dated 09/29/10. USCIS will accept previous versions of Form I-566 until February 20, 2011.  Beginning February 20, 2011, USCIS will only accept the revised form, and will reject previous versions of the form.

 


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If you received a Green Card through marriage and came to the United States on a K1 visa, you would have received a Conditional Permanent Resident card that is valid for two years. When this two-year conditional period ends, the permanent residence status will expire and you may be deported or removed. To avoid such things, 90 days or less before the conditional residence expires, you should file Form I-751, Petition to Remove the Conditions of Residence. On approval, the conditional status will be removed and you will receive your new Permanent Resident card that will be valid for the next ten years.

When to file Form I-751

You should file Form I-751 within 90 days before your conditional green card expires. And when you submit your petition to remove your conditional status, it is advisable to file it at the early end of the 90-day period. Also note not to file Form I-751 before the 90-day period because if you file too early, the USCIS will return your I-751 application.

Who May File Form I-751

If you are still married, file Form I-751 jointly with your U.S. citizen or permanent resident spouse through whom you got the conditional permanent status. If you have dependent children (on a K-2 visa) who got their conditional permanent status when you got and they entered the U.S. within 90-days of your arrival, you can include their names in your petition form. If your children got their conditional status 90 days after you obtained or adjusted your status OR if the conditional permanent parent dies, they have to file Form I-751 separately to remove their conditional status.

In case you do not file jointly, you may apply for a waiver if you can prove that you entered the marriage with honesty and good intentions, but your spouse subsequently died and you can show that you entered the marriage in good faith, but the marriage ended because of divorce or annulment. You can also get a waiver if you can show that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse or the termination of your status would result in extreme hardship.

In cases when you are asking for a waiver you should submit adequate proof to support your request.. For example, copy of you divorce decree or police, court or medical proof that you were abused or a death certificate showing that you spouse died.


Your package should include a completed and signed Form I-751 and a copy of your Conditional Green Card. And also two passport-style photographs for you and children applying with you. Additionally two completed fingerprint cards (Form FD-258) for you and any children applying with you and evidence showing that the marriage is a bonafide one and that it was entered in honesty and in good faith. Do not forget to send the filing fee.

If you are a conditional permanent resident and your card is lost, stolen or mutilated, you can get it replaced by filing Form I-90

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USCIS had proposed a rule that all permanent residents who hold a Permanent Resident card (green card) that does not have an expiration date to get a new green card. These green cards were issued between 1977 and 1989. Green Cards issued before 1977 have been revoked already. Once this rule is implemented, such permanent residents will have only 120 days to apply for a new green card. So, the USCIS is recommending that holders of green cards without expiration dates to file now to get it replaced to avoid delays in receiving the new card.

Replace Green Card :

You can apply for a new green card by filing Form I-90, Application for Replace Permanent Resident Card and it has to be filed with the USCIS. If you want to change any biographic information on your green card (for example, if your name has changed due to marriage) or when you lose your card and need a green card replacement, the same Form I-90 has to be filed

A conditional resident is different from a permanent resident. A conditional resident will get a green card that will be valid only for two years. Such a conditional resident has to remove the conditions during the 90 days before his/her card expires. A conditional green card cannot be renewed. The conditions must be removed or else the resident will lose his/her status. A conditional resident has to file Form I-751 to remove conditions. Once this application is approved by the USCIS, a permanent resident card will be issued which is valid for the next ten years.

You will not be penalized if you do not go for a replacement and you will not lose your permanent resident status if you do not replace your old green card. Permanent resident status will not expire. However, per US immigration laws, you should carry evidence of your status (a valid and unexpired green card or temporary passport stamp). If you do not replace your green card, you might experience difficulties in obtaining employment, benefits and re-entry into the US from abroad. If, after traveling abroad, you try to re-enter the US with green cards without expiration dates, chances are that you might experience a delay during the inspection process at the port of entry. So in the best interest, it is advisable to get the card replaced now to avoid delays in getting the new green card later.

The normal process after you send the completed I-90 application to the USCIS is that you will receive an Application Receipt Notice with a 13-character Application Receipt number within a month from the date of filing the I-90 application. This notice from USCIS is the proof that they have received your application and that it is being processed. You can use the 13 digit number on the receipt to check the status of your application while it is pending. You will also be informed about the appointment for your fingerprinting and subsequently, your interview date with instructions related to the supporting documents you need to bring. It would normally take three months to get a new green card.

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