Removal of conditional permanent residence

[waiting9 0]

I am eligible to apply for removal of conditional residency on May 1, 2010 (this is 90 days before my conditional permanent residency expires). However, I need to travel out of the country in March 2010 for several months.

Can I apply for the permanent residency while I am away from the U.S.? If it takes 6-months to get processed, then how I will I return to the country?

Thank you!

[payxibka 10,045]

Your NOA1 will also include a 1 yr extension to your greencard... but you will need it in your possession when you try to return... but more importantly, how will you do biometrics?

[Yurika & Jim 77]

I am eligible to apply for removal of conditional residency on May 1, 2010 (this is 90 days before my conditional permanent residency expires). However, I need to travel out of the country in March 2010 for several months.

Can I apply for the permanent residency while I am away from the U.S.? If it takes 6-months to get processed, then how I will I return to the country?

Thank you!

If you can come back by the end of July, you can apply that time...?

[I'm Gone 60]

If you have the notice extending your status for a year, make an INFOPASS appointment and get a I-551 stamp in your passport.

You will need the notice and your passport and I believe that your passport must be 6 months or more from expiring.

[Brother Hesekiel 2,236]

You don't specify what "several months" exactly means, but since you GC is valid 'til August 1, you should file when you're back from your trip.

[waiting9 0]

You don't specify what "several months" exactly means, but since you GC is valid 'til August 1, you should file when you're back from your trip.

Sorry, I should have been more clear. I will be out of the country for 5-months. I will be out of the country for the entire 90days when I am eligible to apply for my permanent greencard. Essentially, I am eligible to apply on May 1. However, I will be out from April 1 to August. So when I return, my temp green card would have expired.

So the question really is, when I become eligible on May 1, can my friend mail in the application from NY, while I am overseas?

[HeatDeath 430]

I don't see why the mailing would be a problem. I don't think there's any particular rule saying that you have to be in the US at the time you file the I-751 (though I imagine they tend to assume you will be). There's nothing in the form or it's instructions that I can see (based on a quick scan) that requires you to be in the US at time of filing. The only complications I can think of is making sure that you are able to make your biometrics appointment, and any possible interview during that timeframe.

You DEFINITELY need someone dependable watching your mail and letting you know immediately of anything coming from USCIS. Given that, I think this can probably work.

[Brother Hesekiel 2,236]

Given your absence from the US, I don't really see how you can attend the biometrics appointment within the given time frame, so I would strongly advise you to revise your travel itinerary. If you insists on gambling, however, your I-751 would have to be mailed about 20 days before August 1.

[abajaj 0]

Given your absence from the US, I don't really see how you can attend the biometrics appointment within the given time frame, so I would strongly advise you to revise your travel itinerary. If you insists on gambling, however, your I-751 would have to be mailed about 20 days before August 1.

I was reading this post regarding some querries i had. Could someone please provide further clarification. My wife came to US via I-130 about 2 years back and she is currently on conditional permanent resident status and she will be eligible to apply for removing the conditional permament resident status in beginning of March. We are planning to travel to our home country in Novemeber for about 3 weeks. Although that gives us more than 6 months after she applies for I-751 but i am wondering what if her application processing takes more time and she does not have her permanent green card by Novemeber. her current green card would have expired by then. If we schedule an appointment at INFOPASS, will they be able to issue some documentation to let my wife back into US without her permanent green card. Please clarify. Thanks!

[payxibka 10,045]

I was reading this post regarding some querries i had. Could someone please provide further clarification. My wife came to US via I-130 about 2 years back and she is currently on conditional permanent resident status and she will be eligible to apply for removing the conditional permament resident status in beginning of March. We are planning to travel to our home country in Novemeber for about 3 weeks. Although that gives us more than 6 months after she applies for I-751 but i am wondering what if her application processing takes more time and she does not have her permanent green card by Novemeber. her current green card would have expired by then. If we schedule an appointment at INFOPASS, will they be able to issue some documentation to let my wife back into US without her permanent green card. Please clarify. Thanks!

The I-751 NOA will provide in addition to the acknowledgement of case submission, but also a 1 yr. extension to the existing card. If you travel during the period of time from card expiration to I-751 approval all you need do is carry the NOA & the expired card as your re-entry documents.

[abajaj 0]

Thanks so much for the quick response. I hope there is no glitch in this procedure, if we end up in such a situation. From my experience, immigration service does not treat immigrants well.

[Otto 83]

** Topic is "Removing Conditions on Residency General Discussion" related; moving thread there.

[HeatDeath 430]

It occurs to me that the other problem the OP will run into is being outside the US with an expired green card and no I-751 NOA1. If he has somebody checking his mail to get the NOA1 and forward it to him, I wouldn't expect it to be a problem, otherwise things might get interesting (in the unfortunate sense of the word) at the reentry PoE.

[karenkaye 1]

I am eligible to apply for removal of conditional residency on May 1, 2010 (this is 90 days before my conditional permanent residency expires). However, I need to travel out of the country in March 2010 for several months.

Can I apply for the permanent residency while I am away from the U.S.? If it takes 6-months to get processed, then how I will I return to the country?

Thank you!

This is just my opinion, cause I am no expert in anything! But from what I've read on your thread I would agree with waiting til just before your 2 year GC is due to expire to send in the I-751 packet - as he said, about 20 days - this would give enough time for them to receive your packet and send an NOA which extends your status by a year. Maybe you could have the envelope all ready to mail and left with someone you could trust to send if off on the right date. They would then have to watch for the NOA and forward it to you immediately so you would have it in hand to re-enter the US. You'd then be back in the country for your biometrics, etc. I have read on here that some people don't receive their NOA in a timely manner so you and your friend here doing the mailing would have to be vigilant. We just sent in my I-751 and had the NOA within a week - from the VSC. Good luck and have a safe journey.