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-   -   I-751 - petition to remove conditions on residence (https://britishexpats.com/forum/marriage-based-visas-35/i-751-petition-remove-conditions-residence-933726/)

lenswipe Jul 11th 2020 5:03 am

I-751 - petition to remove conditions on residence
 
Hi folks,

My two year green card expires in September, so I sent my I-751 package and documents off yesterday. I have some questions though regarding that and wondered if anyone might know the answer..
  1. Should I expect this to be a fairly quick formality, since I've already done green card paperwork to get my 2 year green card?
  2. What happens if my green card expires before I get a new one? Do I get deported or have to leave if USCIS are just being slow? Can I continue to work? Or am I okay as long as I don't leave the country?
  3. I've read articles and USCIS possibly shutting down after summer if it's not bailed out. What happens to me if that happens?
  4. Can USCIS's slowness be used as mitigation for not having my green card if I've filled within the 90 day window that I was supposed to?

Noorah101 Jul 11th 2020 12:17 pm

Re: I-751 - petition to remove conditions on residence
 
1. Quick? No.
2. Nothing happens. You remain a PR. If you need or want proof after your card expires, you can get an I-551 stamp in your passport. The card is proof of status, not the status itself.
3. Nothing happens to you. You remain a PR.
4. If you are worried about not having proof, you can get an I-551 stamp in your passport.

Rene

lenswipe Jul 11th 2020 2:08 pm

Re: I-751 - petition to remove conditions on residence
 

Originally Posted by Noorah101 (Post 12880029)
1. Quick? No.
2. Nothing happens. You remain a PR. If you need or want proof after your card expires, you can get an I-551 stamp in your passport. The card is proof of status, not the status itself.
3. Nothing happens to you. You remain a PR.
4. If you are worried about not having proof, you can get an I-551 stamp in your passport.

Rene

Thank you for that. So I can let USCIS do their thing now and continue about my business.

Noorah101 Jul 11th 2020 7:17 pm

Re: I-751 - petition to remove conditions on residence
 
Exactly.

Rene

notaclue Jul 11th 2020 11:20 pm

Re: I-751 - petition to remove conditions on residence
 

Originally Posted by lenswipe (Post 12880102)
Thank you for that. So I can let USCIS do their thing now and continue about my business.

For what it's worth, I'm a year in and haven't heard a mouse fart. Did my finger prints straight after I got the paper work and nothing since. I've always been told I'll likely be a citizen before I gain my 10 year card.

lenswipe Jul 12th 2020 3:40 pm

Re: I-751 - petition to remove conditions on residence
 

Originally Posted by notaclue (Post 12880313)
For what it's worth, I'm a year in and haven't heard a mouse fart. Did my finger prints straight after I got the paper work and nothing since. I've always been told I'll likely be a citizen before I gain my 10 year card.

Daaammn. Does that have any implications for re-entering the country if I go on vacation? Like, don't you need a GC to do that? Or do I just get the stamp for that like Renee suggested?

S Folinsky Jul 12th 2020 4:50 pm

Re: I-751 - petition to remove conditions on residence
 

Originally Posted by lenswipe (Post 12880535)
Daaammn. Does that have any implications for re-entering the country if I go on vacation? Like, don't you need a GC to do that? Or do I just get the stamp for that like Renee suggested?

When I was in practice, I would tell clients that their was no magic in the physical I-551 card, it is just evidence of PR status, not the status itself.

Noorah101 Jul 12th 2020 6:08 pm

Re: I-751 - petition to remove conditions on residence
 

Originally Posted by lenswipe (Post 12880535)
Daaammn. Does that have any implications for re-entering the country if I go on vacation? Like, don't you need a GC to do that? Or do I just get the stamp for that like Renee suggested?

You will receive a notice from USCIS extending your PR status for 18 months. If you need to travel abroad during those 18 months, you only need to carry your passport, the extension letter, and your expired green card. After the extension letter expires, if you still don't have your 10 year card, you'll need an I-551 stamp.

Rene

lenswipe Jul 12th 2020 8:05 pm

Re: I-751 - petition to remove conditions on residence
 
Makes sense, thanks!

lenswipe Jul 19th 2020 7:17 pm

Re: I-751 - petition to remove conditions on residence
 
Just to quickly add to this - I sent all my stuff off with tracking (I forgot to get a signature on the package) and it was apparently delivered/collected from the texas lockbox. I haven't gotten any kind of "We are processing your case" notification though, like I did last time... My only worry is that afaik, if I haven't "filed"(or can prove that I've filed) before the deadline, afaik I'm removable from the USA, aren't I? When I filed my other paperwork, I got a letter back from them saying they were processing my case...but thus far I've heard absolutely nothing.

S Folinsky Jul 20th 2020 10:51 pm

Re: I-751 - petition to remove conditions on residence
 

Originally Posted by lenswipe (Post 12884207)
Just to quickly add to this - I sent all my stuff off with tracking (I forgot to get a signature on the package) and it was apparently delivered/collected from the texas lockbox. I haven't gotten any kind of "We are processing your case" notification though, like I did last time... My only worry is that afaik, if I haven't "filed"(or can prove that I've filed) before the deadline, afaik I'm removable from the USA, aren't I? When I filed my other paperwork, I got a letter back from them saying they were processing my case...but thus far I've heard absolutely nothing.

In regards to timing, a join petition cannot be filed “early” but can be filed at anytime before leaving the US.

Out of idle curiosity, what is to prevent you from stating you mailed in a timely application?

lenswipe Jul 20th 2020 10:53 pm

Re: I-751 - petition to remove conditions on residence
 

Originally Posted by S Folinsky (Post 12884855)
In regards to timing, a join petition cannot be filed “early” but can be filed at anytime before leaving the US.

Out of idle curiosity, what is to prevent you from stating you mailed in a timely application?

Nothing, but I was just worried that they might not have received my application or it had gotten lost in beaurocrisy.

I actually called them this afternoon and they said that they'd received it, and the lady on the phone gave me a receipt number. She said if I hadn't received a receipt in the next 5 business days to call back. Apparently they generate them within 15 days


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