10 yr Greencard Instead of 2 yr Greencard

[TNJ17 1,329]

Hi All

 

I looked back about 15 pages and didn’t find any discussion so I’m starting a new one but if there is one around this topic already, feel free to point me to it and close this one out. 

 

I know some folks on K1 visas received 10 yr Greencards instead of 2 yr greencards and some people were saying it might have been a USCIS mistake and some others said USCIS had just started doing that to K1 filers during Greencard interviews. Has anyone checked with USCIS if after receiving a 10 yr Greencard instead of a 2 yr Greencard, they still needed to file for removal of conditions or can they go ahead and file for citizenship already?

 

I’d appreciate insights. Thanks 

[HRQX 4,145]

23 minutes ago, TNJ17 said:

Has anyone checked with USCIS if after receiving a 10 yr Greencard instead of a 2 yr Greencard, they still needed to file for removal of conditions or can they go ahead and file for citizenship already?

There have been people that have called USCIS asking about that but the USCIS phone line is called the "misinformation line" for a reason. Note that INA 216(h) is explicitly clear:

Quote

In this section:

(1) The term "alien spouse" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)-

(A) as an immediate relative (described in section 1151(b) of this title) as the spouse of a citizen of the United States,

(B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or

(C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence,

by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153(d) of this title.

(2) The term "alien son or daughter" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage.

(3) The term "qualifying marriage" means the marriage described to in paragraph (1).

(4) The term "petitioning spouse" means the spouse of a qualifying marriage, other than the alien.

Thus, 10-year GC should only be issued if I-485 is approved on or after the 2 year marriage anniversary. If wrong card is issued then Form I-90 should be filed for free: https://www.uscis.gov/i-90 "(D) My existing card has incorrect data because of DHS error."

 

Also see the Policy Manual: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

Effective Date of Permanent Residence

A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa.^[9] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application.^[10]

Edited May 6, 2021 by HRQX

[HRQX 4,145]

32 minutes ago, TNJ17 said:

feel free to point me to it

The following thread is sort-of relevant:

 

[da95826 387]

If any green card holder who got a green card at any point before the 2nd anniversary of their marriage should get a conditional green card for their conditional LPR. If you have been married two years or more will receive a 10-year green card for their standard LPR.

 

If the USCIS issue the wrong green card the LPR is still required to remove the conditions on their legal permanent residency within 90days before the 2nd anniversary of the issuance of the original green card.

 

If USCIS issue the incorrect green card does not forgive the 2-year removal of conditions filing (i751 petition) requirement.

 

If a green card holder got the wrong card the should file an i-90 to correct the error with their card (no cost due to USCIS error).

[arken 4,197]

11 hours ago, TNJ17 said:

 

 

I know some folks on K1 visas received 10 yr Greencards instead of 2 yr greencards and some people were saying it might have been a USCIS mistake and some others said USCIS had just started doing that to K1 filers during Greencard interviews.

If their AOS was pending for 2 years or more, of course they would get 10yr GC in which case ROC wouldn't be applicable.

 

In some rare cases, if USCIS issues a 10 yr GC to to those before their 2nd anniversary, then they are required to correct that by contacting USCIS.