Removal of conditional permanent residence statusgreenspun.com : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread
Hello! January 27,2000 I was granted a permanent conditional resident status for 2 years based on my marriage to US citizen. I sended application form I-751(Application for removal conditional status) which was signed both by me and my wife to southeastern reagional center which is in Texas. It's mid-December and I still didn't hear from INS. I'm starting to feel a little worried because the term of my current green card will expire in about 40 days(on January 27,2002), and I wonder how it is going to affect my full time employment. I called the INS information, but they said they have no way of searching for the status of my case until I have a receipt #. At this time I don't even know if they 've started to work on my application because I sended $125 application fee in the form of the money order. Please explain me how INS will proceed with my case(will I be called for the interview like last time or I will just get renewed green card in the mail), what is the time frame for my application processing and what should I do if it will get really close to January 27,2002 and I will not hear anything from INS still. Thank you very much for your help.
-- MaxOrloff (email@example.com), December 13, 2001
How long have you been waiting for your filing receipt? If it's more than 60 days, the INS has likely lost or misprocessed your application.
If you got your cancelled check back, that is a POSITIVE sign: it should have the receipt number written on it. You can use this to help the Service Center identify your file. If you have not received the check back, this suggests that your application is lost. If you kept a copy of your application and have a certified mail receipt, you can call and try and sort it our with the INS, although this won't work very well. (They get hundreds of thousands of pieces of mail, and have no idea where to look for missing mail.)
If you didn't keep a copy, didn't use certified mail, and haven't received a receipt or a cancelled check, you should make a new application and send it along with the fee (The fee goes up to $145 on February 19.) and a letter explaining what happened. They can accept a late application in these circumstances and usually do. They will send you a receipt which wil extend your conditional status for another year (to cover the processing time.)
-- Michael Boyle (firstname.lastname@example.org), January 16, 2002.
I'm in exactly the same situation as you. After speaking to 4 INS officers (1st 3 had never hear of the situation and had no information on it) I finally go the answer that I-751 use to take 1 month to process and for you to receive a receipt, BUT due to the changes in the Law on 6/01 it now takes approximately 4 mths before you receive your receipt and can then get a green card extenion until you receive your full Permanent resident card. I was advised by the INS officer that I could NOT work until I get the extension i.e. until I receive the receipt. Seems nuts to me as if it takes 4 mths to process and your can't apply until you are in the 90 days how can you avoid this situation. Any help here would be greatly appreciated
-- Ellen Turner (email@example.com), April 17, 2002.
It should NOT take 4 months to get a receipt. Which INS Service Center did you send your application to?
-- Michael Boyle (firstname.lastname@example.org), April 17, 2002.
I have a slighty different situation. What to do if you suspect that the person you married is only using the marriage as a mean to remain in the US? What will happen to the spouse if I don't file form I-751 to remove conditional status? What happens if my spouse move out? Will I have to initiate divorce proceedings?
Any advice would be appreciated.
-- Jen Duong (email@example.com), February 23, 2004.