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How can I remove condition on green card?

Brooklyn, NY |

So my green card based on marriage (i-485) was issued as a conditional card (expires in 2 years) and must go in 2 years to remove conditions with form i-751 and a $505 in fees.
The card was issued 14 days before my 2nd year marriage anniversary, is there a way I can appeal to remove conditions based on the fact that I have been married to a U.S. citizen for 2 years (minus 14 days) on the day that my card was issued and avoid the i-751 (and it's fees) and more importantly get my permanent 5 years card? If so, how? Thank you

Attorney Answers 5

Posted

Immigration fees may seem expensive at the time of filing. But, think about the benefit you derive (hopefully). Isn't it worth the expense in the long run?

NO, you cannot appeal the conditional nature of your residence. But, generally, here is what you can do:

90 days before your 2nd anniversary as a conditional resident, if you are still married to the same U.S. citizen or resident, then file Form I-751 (and pay the fee).

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Posted

Sorry ... this isn't a game of horseshoes (in which close is good enough).

14 days less than 2 years is LESS THAN 2 YEARS.

File the forms and you'll get a 10 year card, not a 5 year one.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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2 comments

Asker

Posted

Did you mean file the form now (after my 2 years marriage anniversary) or in 2 years from now?

F. J. Capriotti III

F. J. Capriotti III

Posted

You can file 90 days before the 2 year card expires.

Posted

No.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- Representing Clients in all 50 States and Worldwide / 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: www.khurgel.com / Email: info@khurgel.com / Attorney Khurgel is a former USCIS and Department of State Embassy Officer.

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Posted

Appeal what? The approval of your I-485? No. Just wait and file the I-751 when the time comes. Why the rush?

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Posted

Unfortunately you cannot "appeal" the issuance of your conditional LPR card. USCIS based their decision as to your status at the time of your application filing, not when they issued the card. You should file to remove the condition, as the benefits certainly outweigh the cost of filing.

This message is for general purposes only and does not establish an attorney-client relationship. annah@icaylaw.com

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