Removal of Conditions

[Simon2011 0]

I noticed on USCIS website that removal of conditions processing takes 6 months in California. However, the i751 instructions state that one can only apply to remove conditions 90 days or 3 months before the expiration date. Does this mean that one has to go around with an expired Green Card for the 3 months in between? If so what are the legal ramifications of this.

Thanks,

Simon

[Inky 1,111]

Did you not also read that the NOA1 serves as an extension of the green card for 1 year.

So yes you travel with an expired green card and the NOA1 extension letter until you get your updated green card.

[Simon2011 0]

Did you not also read that the NOA1 serves as an extension of the green card for 1 year.

So yes you travel with an expired green card and the NOA1 extension letter until you get your updated green card.

Thanks Inky. I just got my Conditional Green Card for the first time so I have not gone through the process but was planning ahead. It is good to know the "letter of acceptance" from USCIS for the removal of conditions (ROC) packet gives you an additional year on your Green Card while the ROC is being processed.

I take it this allows you to not only travel but also apply for a new job etc?

Also, can some other users confirm Inky's experience?

Thanks,

Simon

[jkelly07 120]

correct, the one year extension letter is good for one year,when you first send in your 1-751 form within a week or two you will receive the noa-1 receipt letter that says one year extension. you can traval international with that letter, when your 1-751 is approved maybe in about 5 months you should receive a ten year permanent resident,

[Simon2011 0]

correct, the one year extension letter is good for one year,when you first send in your 1-751 form within a week or two you will receive the noa-1 receipt letter that says one year extension. you can traval international with that letter, when your 1-751 is approved maybe in about 5 months you should receive a ten year permanent resident,

Thanks Jkelly07!

Can someone also be able to get a new job using this extension letter?

[milimelo 4,544]

Moving to Removing Conditions forum.

[Inky 1,111]

Thanks Jkelly07!

Can someone also be able to get a new job using this extension letter?

get a new job? if you already have one theres no reason to leave unless you want to leave it and find a new one. Some will accept it and some wont accept it. The place I was working at wanted a copy of the extension letter when I got it. I have a friend who may have issues with only having a letter and not a valid green card at her job when the green card does expire during ROC.

[Simon2011 0]

get a new job? if you already have one theres no reason to leave unless you want to leave it and find a new one. Some will accept it and some wont accept it. The place I was working at wanted a copy of the extension letter when I got it. I have a friend who may have issues with only having a letter and not a valid green card at her job when the green card does expire during ROC.

Thanks Inky. That can be grounds to sue the employer because if one has authorization from Immigration and can supply the minimum required document to the employer, they cannot stop from employing anyone. You can look at the M-274 Employers Guide to Employment to see the details.

[Simon2011 0]

From page 37 of the M-618, outlining new immigrant rights

Federal law says that employers cannot discriminate against you because of your immigration

status. Employers cannot:

• Refuse to hire you, or fire you, because of your immigration status or because you are not a U.S.

citizen.

• Require you to show a Permanent Resident Card, or reject your lawful work papers.

• Prefer hiring undocumented workers.

• Discriminate against you because of your national origin (or country of origin).

• Retaliate against any employee who complains of the above treatment.

For more information about your rights, or to file a complaint, call the Office of Special Counsel at

1-800-255-7688 or 1-800-237-2515 (for hearing impaired). If you do not speak English, interpreters

are available to help you. You also can visit http://www.usdoj.gov/crt/osc for more information.

[Simon2011 0]

Going back to ROC, the 751 instruction states that "Affidavits sworn by at least two people who know about the relationship." Can this be a husband and wife to make it easier on the people making the affidavit?

[Brother Hesekiel 2,236]

Thanks Jkelly07!

Can someone also be able to get a new job using this extension letter?

I don't blame you for not knowing this, but I would ask you to spend some time reading up on this. Google "I-9 form."

That's the form you will have to fill out shortly after being hired for a new job. It shows 3 lists of documents that proof that you are who you claim you are, and that you are authorized to work in the United States. Documents on LIST A proof both in one document, and the Green Card is a LIST A document. LIST B documents only proof your identity, and your driver's license is a LIST B document. LIST C documents proof your authorization to work only, and an unrestricted SS card is a LIST C document.

You can choose which documents to provide as proof. So you can either show your Green Card, and once it's expired, your extension letter proving that it's valid for another year, or you don't have to show either your Green Card nor the extension letter but choose to show your driver's license and your SS card instead.

Your choice, not the employer's.