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Time frame to file I-751 for child

Los Angeles, CA |

I received conditional residence (by I-130/I-485) in August 2011. After that my spouse filed I-130 for my child. The child received his conditional residence (by I-485) in December 2011 (that is more than 90 days after me). Now I am planning to file I-751 in May 2013. As I understand my child cannot be included in my I-751. He must file I-751 in September 2013. Correct?

Attorney Answers 4


  1. 90 days prior to that child's second anniversary of the entry into the USA on CR1 visa or AOS. TO find the date, refer to your child's conditional resident card. The date is on the front of it. Count one year and 9 month and that will be the first day of the 90 day period within which the form needs to be filed.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. Attorney Segal is correct. Your immigration lawyer should have sent you a letter explaining this.

    (888) 275-0047 Legal disclaimer: Daniel Shanfield, Esq., with offices in San Francisco and San Jose, is a former INS trial attorney and United Nations HCR resettlement officer, with over 15 years experience in immigration law. His statements above are general in nature and should not be deemed legal counsel, as not all factual issues are known. Participants should retain an immigration lawyer to review their own legal matter. The information provided does not create an attorney/client relationship.


  3. Between September and December of 2013.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. I agree with my colleagues - 90 days before the child's two year anniversary. Make sure not to file late.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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