Waiting for Adjustment Status for a 10-Year Green Card

[Nahathai_Ike 0]

Good morning,

This posting is for my friend because there are several people who can provide some directions.

* My friend is currently staying in Thailand to take care of her parents. Her 2-year green card will expire at the end of May, 2009.

* Her husband is in the United States and had already submitted I-751 in order to remove the conditional status in February, 2009.

* After filing, the husband got the job and moved to another state. Instead of going to California service center, the new state belongs to Vermont's jurisdiction, from Illinois to Texas.

* The husband said that she could stay in Thailand for the Green Card to be mailed to his address. He will bring the green card to her when he visits her family in the late month of May.

***********************

I told her that I disagreed with the last statement because of the following:

1. Her current passport is still having a 2-year conditional status stamped on it

2. Both husband and wife have not yet received the letter from USCIS whether the case is approved or denied. I told her that approval can be done via US mail. However, there will be the chance that they will be receiving the letter to request a face-to-face interview with the inspector as well.

3. I told her that she has to come back into the US before green card expired. Otherwise, she will have the big problem at the port of entry.

4. I believe that when the USCIS officially received their case or put their case into the system, they will receive some type of confirmation receipt, such as I-797C, notice of action. This one, will allow her to stay legally within the US, until she knows the results whether her case is approved or denied or be requested for face-to-face interview. (I told her that this receipt is a life support but she cannot travel outside the country because she will have to face problems when coming back to the States.)

5. I suggest that she should be traveling back as soon as possible. I also informed her that, one way or the other, she will need to submit her passport to be stamped that her condition has been removed. In both scenarios, whether she gets approved via US mail or via the interview, she still needs to be in the US.

6. I told her that once she gets the stamped on the passport that her condition has been removed, she will be free to travel outside and come back again. The 10 year green card should come later.

7. I told her that I was uncertain regarding the biometrics. I think, she will need to get it done over here in the US.

**************************

Questions:

1. Did my suggestions valid or I missed anything? If I was wrong, please provide some explanations as well. I would like to know as well.

2. Will the 10-year green card come to the house automatically like her husband believes?

Please kindly contribute your knowledge and wisdom toward this subject. After having receiving several responses, I will send her an email to read this link. Thank you.

[payxibka 10,047]

nothing in relation to her conditional status is stamped in her passport

[ReignVictorious 0]

Well your concern is absolutely right and whatever you told your friend I agree with that...2yrs green card i can understand but now u doing I-751 which is very important thing to do...and surely you don't want to miss it...her husband theory looks bizzare to me...but his wife needs to return back to USA as soon as earliest...thats what i can say here

[YuAndDan 153]

The green-card holder will need to return to USA for biometrics.

I-751 does not always get automatically approved, USCIS can require an interview.

Note Green-cards are NOT "Permanent visas" they are for residency in the USA.

You are correct, I-751 NOA1 letter will be needed to re-enter the USA with an expired CR-Green-Card.

Moving also complicates things, letters like NOA1 and biometrics may get lost in the mail. The biometrics may be at an office that services old address, if no show to a biometrics this can get the I-751 denied.

[wannabe_texan 0]

Assuming she's done her Biometrics already (edited to say: if she hasn't done Bio yet, definitely has to come back for that), seems odd that they haven't received NOA yet that allows work and importantly travel... She can travel with the NOA and her expired greencard. She may be asked for secondary inspection when returning to the US (see some recent postings on this site) but the NOA and the expired greencard are good for travel.

Hopefully the husband has submitted change of address AR-11 and also the PENDING petition which you can do online or on the phone. He may also need to do I865 for sponsor's change of address.

Edited April 1, 2009 by wannabe_texan

[jasminelily 1]

Good morning,

This posting is for my friend because there are several people who can provide some directions.

* My friend is currently staying in Thailand to take care of her parents. Her 2-year green card will expire at the end of May, 2009.

* Her husband is in the United States and had already submitted I-751 in order to remove the conditional status in February, 2009.

* After filing, the husband got the job and moved to another state. Instead of going to California service center, the new state belongs to Vermont's jurisdiction, from Illinois to Texas.

* The husband said that she could stay in Thailand for the Green Card to be mailed to his address. He will bring the green card to her when he visits her family in the late month of May.

***********************

I told her that I disagreed with the last statement because of the following:

1. Her current passport is still having a 2-year conditional status stamped on it. To my understanding, the stamp should have the expiration date on it, which is valid until. Now if the husband gets the NOA extension letter, then she can go get another 1 yr extension stamp (that's if he actually gets it, providing he moved, did he inform USCIS that he moved? Some people actually never gets the NOA letter and straight to the green card.)

2. Both husband and wife have not yet received the letter from USCIS whether the case is approved or denied. I told her that approval can be done via US mail. However, there will be the chance that they will be receiving the letter to request a face-to-face interview with the inspector as well. True.

3. I told her that she has to come back into the US before green card expired. Otherwise, she will have the big problem at the port of entry. True without the extension letter in hand.

4. I believe that when the USCIS officially received their case or put their case into the system, they will receive some type of confirmation receipt, such as I-797C, notice of action. This one, will allow her to stay legally within the US, until she knows the results whether her case is approved or denied or be requested for face-to-face interview. (I told her that this receipt is a life support but she cannot travel outside the country because she will have to face problems when coming back to the States.) Sorry! What's the question here? Please clairfy. Thank you!

5. I suggest that she should be traveling back as soon as possible. I also informed her that, one way or the other, she will need to submit her passport to be stamped that her condition has been removed. In both scenarios, whether she gets approved via US mail or via the interview, she still needs to be in the US. If the husband gets the letter, then no need for the new stamp. That's if he actually gets it and somehow make sure fedex/dhl, you know something you can track and signature confirmation, to her in Thailand. It's a long shot and risky, at least to my belief.

6. I told her that once she gets the stamped on the passport that her condition has been removed, she will be free to travel outside andcome back again. The 10 year green card should come later. Getting a stamp on her passport doesn't mean that she has successfully removed the condition. It's a substitution for the NOA 1 year extension letter. She hasn't even done the biometrics yet.

7. I told her that I was uncertain regarding the biometrics. I think, she will need to get it done over here in the US. Yes, she needs to be in the US to do the biometrics. If she missed the appointment, I believe she has 30 days to go back and do it, otherwise if she nevers show up and after 30 days, she will be considered as abandon case and she will have to refile and pay again. Possible deportation if the 90days before GC expired conditions doesn't meet or if refile after GC expired without proper explanation. Well...... correct term here is she won't be let in because she's already outside US and abandon her LPR status by not filing on time or didn't go to biometrics, etc etc etc. Then I believe it would be a I-130/I-485 start all over again.

**************************

Questions:

1. Did my suggestions valid or I missed anything? If I was wrong, please provide some explanations as well. I would like to know as well. Anything I said here is according to experience and personal understanding. Anyone else please correct me if I'm wrong.

2. Will the 10-year green card come to the house automatically like her husband believes? No. At least she needs to come back and get the biometrics done. As far as I know, the Consulate in other countries don't do biometrics, but she can always call the US Consulate in Thailand and ask. If she did the biometrics, and evidence she submitted is enough for the IO, then hopefully no RFE, no interview, then the 10 yr GC will come automatically, but sometimes even the evidence is enough, there's always the QC = Quality Control random draw for interview. No one can say for sure.

Please kindly contribute your knowledge and wisdom toward this subject. After having receiving several responses, I will send her an email to read this link. Thank you. You're welcome.

[Nahathai_Ike 0]

Thank you all for the postings. This is very helpful. You guys are great. Thanks again.