Section 216 of the Immigration and Nationality Act,

Asked almost 2 years ago - Los Angeles, CA

"Pursuant to Section 216 of the Immigration and Nationality Act, your alien spouse may be granted conditional permanent resident status in the united state as of the date he or she is admitted or adjusted to conditional status by a USCIS officer. " My question ... what will determine if the card will be conditional or permanent? is it the filling date or the benefit granted date or other things?

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    7

    Lawyers agree

    Answered . The length of your marriage at the time your spouse is admitted or adjusted.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Ronald Jeffrey Tasoff

    Contributor Level 11

    5

    Lawyers agree

    Answered . The day it is adjudicated which in an adjustment of status context is either on the day of the interview or a few days after assuming everything was in order.

  3. F. J. Capriotti III

    Contributor Level 20

    6

    Lawyers agree

    Answered . If married for less than 2 years on the date of approval, usually the interview date, it will be conditional.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more

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