When will a two-year conditional green card be issued?
A two-year conditional residence card will be issued to those who, at the time of filing their I-485s (applying for a green card), had only been married to their U.S. citizen spouse for less than two years.
What form will need to file in order to remove the conditions on my two-year green card?
Two year conditional residents need to download the I-751 Petition from the USCIS website and proceed with this application to have their conditional status removed.
Once I remove the conditions of my two-year conditional green card, what happens next?
If your I-751 Petition is approved, your 10 year permanent residence card will be mailed to the address you provided on your USCIS documentation.
What are the supporting documents needed in order to remove conditionality from a two-year green card?
First off, the I-751 is a petition that needs to be filed jointly. It is supposed to be evidence that the couple who got married and pursued a marriage green card did not do so fraudulently. In addition, supporting documents need to attached to the application package showing that the marriage is still bona fide and that the couple is more or less happy. Some of these documents might include:
Photographs and milestones such as anniversary dinners
Birth certificate of new children born in the past two years
Receipts of gifts purchased for one another
Evidence from friends or family suggesting cohabitation
What is the filing fee for the I-751 Petition?
$595. A biometrics fee of $85 might also be required.
What is the timeline for replacing a green card that is set to expire?
If you are an LPR, you’ll need to apply to replace your green card within 6 months of its expiration date to ensure smooth processing when dealing with a 10-year card.
How do I replace my green card from within the United States?
You’ll need to locate and fill out the Form I-90, Application to Replace Permanent Resident Card. This form cannot be filed from outside of the United States.
What is the filing fee for the I-90?
$455. A biometrics fee of $85 may also be required. If you are filing an I-90 because you never received your original green card, you will not have to pay any fee as long as you meet all the following requirements:
The card was mailed more than 30 days ago;
It was returned to the USCIS as undeliverable; and
You haven’t moved from the address provided to the USCIS
Will I need to pay for a new green card if the existing card that was mailed to me has an error?
No. There is no fee if your green card has incorrect data due to a DHS error.
What happens if my green card is lost or stolen while I’m traveling internationally?
Losing your green card while abroad, having it stolen or destroyed unintentionally can seem like a stressful process. If you lose your card while abroad, you cannot simply travel back to the United States because your green card is your verification that you are an LPR and therefore needs to be presented to a CBP officer at a port of entry upon re-entry.
In such an event, it’s important for individual green card holders not to file an I-90, but instead to travel to the nearest U.S. embassy or consulate as this constitutes an unusual circumstance and you will need to speak with a consular official. The best way to locate the nearest Embassy is via Google Maps or through the government website, available here: https://www.usembassy.gov/.
What happens if I don’t renew my green card?
If you don’t renew your green card, you are signaling to the DHS that you are violating immigration law by living in the United States without an expired legal status. This could affect future visa applications, lead to possible removal or deportation proceedings, or create other problems in the future when filing with the USCIS.
What happens if I try to re-enter the U.S. without my green card (because it was lost or stolen)?
For those who have lost their green cards while travelling internationally, re-entering the U.S. without your PR card will be difficult. You could enter the U.S. with your foreign passport, but this will present problems because you cannot receive a tourist visa while you are already an LPR. In most cases, you will have to wait until a U.S. consulate issues you a travel document that you can present to a CBP officer.
What happens if my green card renewal is denied after I tried to have removed its 2-year conditionality?
You can file a motion to have the case re-opened. Leading reasons for green card renewal rejection include not having enough supporting evidence that you are still in a bona fide marriage. The USCIS uses any and all supporting documents filed with an I-751 to determine this. If your case is rejected and you are still unsure why it might be a good idea to contact an attorney for further consultation.
How do I know if I should renew my green card before travelling internationally?
Each permanent residence card has its date of issue, which means there is a corresponding date of expiration. Green card holders should generally be sure to file for renewal and receive their new card if their current card is set to expire while they are abroad.
Should I renew my green card if I’m in the middle of having my N-400 application processed?
You might not need to. For example, if you are having your naturalization interview in 2 months, but your green card is set to expire in 3 months, you might take your chances given that your N-400 has already been adjudicated and you just need to pass the English/Civics test to become a citizen.
What is the commuter status?
Commuter status is when individuals take up legal residence in the United States, but under the two following conditions:
Those who commute in and out of the U.S. for work (regular, full-time)
Those who enter to perform seasonal work in the United States, but whose presence in the United States is for 6 months or less, in the aggregate, during any continuous 12-month period
In order to establish commuter status, individuals will also need to fill out an I-90, or vice versa when they are finished being commuters and want to establish permanent residency.
Can you get a new job with an expired green card? Can you get a new job with an expired green card?
Not legally. All new employees must have a signed and completed I-9 form prior to their first day of work. The I-9 is used to verify your identity and permission to work within the United States. As part of this document, LPRs need to have a valid green card to complete “List A” on this form.
Where can I access the fee waiver if my situation allows me to when applying for a new green card?