What's next? Renew Green card or Removal Of Conditions?

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to ROC Discussion ***

 

[African Zealot 1,455]

In your position I would wait until she arrives in the USA before prematurely filing anything. There could be more clarity on this at the airport when she clears immigration.

[mindthegap 2,590]

Until the OP comes back and explains what exactly has been verbally approved to be issued by the embassy, we are in the dark. 

 

A boarding foil (which is appropriate for these circumstances and what they should have applied for) does not require a medical or background check, and re-entry permits aren't issued out of the US.

An SB-1 does sound like what has been applied for here, but is an odd thing to obtain in these circumstances when a boarding foil would suffice. An SB-1 also would not eliminate the underlying need to remove conditions., so get on the case of gathering documents to file the I-751 sooner rather than later. 

 

 

 

[SusieQQQ 11,586]

12 minutes ago, mindthegap said:

An SB-1 does sound like what has been applied for here, but is an odd thing to obtain in these circumstances when a boarding foil would suffice

If she was out longer than a year which may well have been the case, then SB1 was appropriate. 
If her green card was no longer valid becasue she did not remove conditions, then SB1 may also have been appropriate, but I am not sure the nuances of that. ( I thought only a ten year GC expired card holder could get a boarding foil.)

Edited August 27, 2021 by SusieQQQ

[mindthegap 2,590]

4 hours ago, SusieQQQ said:

I thought only a ten year GC expired card holder could get a boarding foil.)

 Expired ten year card holders can board a carrier without penalty (confirmed in carrier information guide) - no boarding foil required. 

[Mike E 11,739]

20 hours ago, Boiler said:

So the lawyer filed a SB 1?

The last time I such a case (two year green card expired while out of the USA) the embassy, in Pakistan, issued a Lincoln boarding foil.  

Edited August 27, 2021 by Mike E

[Crazy Cat 41,856]

No Immigration Judge has terminated the status.  Therefore, she still has to remove conditions on her conditional card, imho, regardless of how she gets into the US.  

[belinda63 3,038]

Problem is with a conditional GC you don't need to have your status terminated as failure to renew is considered abandoning and you will be issues a letter to leave the US. 

[HRQX 4,145]

3 minutes ago, belinda63 said:

Problem is with a conditional GC you don't need to have your status terminated as failure to renew is considered abandoning and you will be issues a letter to leave the US. 

Thus why OP has been advised to include a reason for the late I-751 filing. If USCIS accepts the reason for late filing then I-751 will still be processed; see INA 216(d)(2)(B).

[mindthegap 2,590]

31 minutes ago, belinda63 said:

Problem is with a conditional GC you don't need to have your status terminated as failure to renew is considered abandoning and you will be issues a letter to leave the US. 

Incorrect.

You aren’t just asked to leave and booted out of the country - as a LPR you have rights enshrined in law, and one of those is that you have the right to a hearing with an immigration judge. 
 

Until a final order of removal is made by that immigration judge - which may take years and years -  you remain a LPR.

 
Also, an I-751 (or multiple I-751s) can be filed and refiled at any time up until that final order of removal, which sort of proves the point that failure to file within the normal joint filing window does not constitute automatic abandonment of status. 

Edited August 27, 2021 by mindthegap

[belinda63 3,038]

Conditional residents who fail to file their I-751 can no longer use their green card for employment and travel purposes. They may also be placed in removal (or "deportation") proceedings.

Filing a late I-751 petition could avoid some or all of these problems. For one thing, it ups the chances that USCIS, rather than an immigration judge, will decide the application.

Source: https://www.nolo.com/legal-encyclopedia/submitting-late-form-i-751-petition-remove-conditions-residence.html

 

Yes they can file the I-751 over and over again even late but it doesn't have to be accepted. Eventually the US govt will catch on.

 

What I am trying to distinguish is the difference between a 10 year green card holder (whose status doesn't expire) asking for an SB-1 and an expired 2 year green card holder asking for one. 

Edited August 27, 2021 by belinda63
Edited to place link

[HRQX 4,145]

24 minutes ago, belinda63 said:

Filing a late I-751 petition could avoid some or all of these problems.

^See, even the source you quoted is saying to still file Form I-751.

24 minutes ago, belinda63 said:

and an expired 2 year green card holder asking for one. 

An expired 2-year GC holder is still an LPR until an IJ terminates the status:

• https://www.uscis.gov/sites/default/files/document/legal-docs/I-751-LateFiling-PM.pdf
• https://www.dhs.gov/sites/default/files/publications/Response_to_CISOMB_I-751_Recommendation_Signed_7-10-13.pdf

Also if USCIS issues a receipt notice for the late filed I-751 then the expired GC and extension letter can be presented to the airlines and CBP: https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf "Expired Conditional Resident Card, Form I-551 accompanied by Form I-797, Notice of Action indicating the card validity is extended"

[Crazy Cat 41,856]

Looks, to me, like there must be an order to terminate legal status:

 

https://www.govinfo.gov/content/pkg/CFR-2019-title8-vol1/xml/CFR-2019-title8-vol1-part216.xml

 

"(6) Termination of status for failure to file petition. Failure to properly file Form I-751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the United States. In such proceedings the burden shall be on the alien to establish that he or she complied with the requirement to file the joint petition within the designated period. Form I-751 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was good cause for the failure to file Form I-751 within the required time period. If the joint petition is filed prior to the jurisdiction vesting with the immigration judge in removal proceedings and the director excuses the late filing and approves the petition, he or she shall restore the alien's permanent residence status, remove the conditional basis of such status and cancel any outstanding notice to appear in accordance with § 239.2 of this chapter. If the joint petition is not filed until after jurisdiction vests with the immigration judge, the immigration judge may terminate the matter upon joint motion by the alien and the Service."

[mindthegap 2,590]

35 minutes ago, belinda63 said:

Conditional residents who fail to file their I-751 can no longer use their green card for employment and travel purposes. They may also be placed in removal (or "deportation") proceedings.

Filing a late I-751 petition could avoid some or all of these problems. For one thing, it ups the chances that USCIS, rather than an immigration judge, will decide the application.

Source: https://www.nolo.com/legal-encyclopedia/submitting-late-form-i-751-petition-remove-conditions-residence.html

 

Yes they can file the I-751 over and over again even late but it doesn't have to be accepted. Eventually the US govt will catch on.

 

What I am trying to distinguish is the difference between a 10 year green card holder (whose status doesn't expire) asking for an SB-1 and an expired 2 year green card holder asking for one. 

You are arguing with someone who has had two denials here and can quote large sections of INA from memory ….
I know exactly what the law states, and just what is permitted and what isn’t, and the legal status at every stage of the process following a denial or failure to file.

You are wrong.
 

[katana-dolphin 28]

On 8/27/2021 at 5:20 PM, mindthegap said:

You are arguing with someone who has had two denials here and can quote large sections of INA from memory ….
I know exactly what the law states, and just what is permitted and what isn’t, and the legal status at every stage of the process following a denial or failure to file.

You are wrong.

Mindthegap is the top authority on this matter. And the guy is indeed wrong