asylum visa is immigrant visa or not ?I-90 green card renewal super confused.

[Zengerhaaw 3]

Hello,

I am currently filing an I-90 for green card (AS7) renewal. My spouse got the asylum status, then helped me get the asylum visa, then I entered USA as a refugee's spouse, then lived in US for one year, then applied for the green card.

Here is one question on the I-90 form:

Did you enter the U.S. on an immigrant visa?

Immigrant visas are processed and issued by U.S. consulates in foreign countries. If you have obtained a green card by applying for permanent resident status after entering the United States, you are not entering on an immigrant visa.

 

I don't know how to answer that question.  The asylum visa of a refugee's spouse is an immigrant visa or not?. Based on the explanation by USCIS, it seems that it is not. But I'm not 100% sure. Please help me!

 

 

 

[Timona 4,208]

What are yiu trying to do with I-90 form?

[Zengerhaaw 3]

1 hour ago, Timona said:

What are you trying to do with I-90 form?

submit it online and apply for the green card renewal as the posting title/content suggests.

Thanks

[Timona 4,208]

That's why I asked you. GC renewal is I-751

Read the very top of page 1 of I-90. It's not for GC renewal. 

[Chancy 6,243]

2 hours ago, Zengerhaaw said:

I am currently filing an I-90 for green card (AS7) renewal.

 

Didn't you file N400 and took your oath?

 

 

[Rocio0010 5,580]

Wait, what?

why are you filing I-90?

is your spouse a USC?

Also you said you will have oath ceremony, so it’s unclear what you want to do.

[Zengerhaaw 3]

18 hours ago, Timona said:

That's why I asked you. GC renewal is I-751

Read the very top of page 1 of I-90. It's not for GC renewal. 

Dear. I-751 is not GC Renewal. I-751 is to remove conditions.

 

https://www.uscis.gov › i-751

 

 

Dec 23, 2022 — I-751, Petition to Remove Conditions on Residence ... Use this form if you are a conditional permanent resident who obtained status through ...

[Zengerhaaw 3]

18 hours ago, Chancy said:

 

Didn't you file N400 and took your oath?

 

Yes. Naturalized. Sorry. I was not clear in my posting. Now I'm helping a friend file his I-90. 

 

[Zengerhaaw 3]

20 hours ago, Rocio0010 said:

Wait, what?

why are you filing I-90?

is your spouse a USC?

Also you said you will have oath ceremony, so it’s unclear what you want to do.

  Sorry. I was not clear in my posting. I am now a citizen. my journey is over.

Now I'm helping a friend file his I-90. My posting uses the first person, but it is not me. 

[Timona 4,208]

5 hours ago, Zengerhaaw said:

Dear. I-751 is not GC Renewal. I-751 is to remove conditions.

 

https://www.uscis.gov › i-751

 

 

Dec 23, 2022 — I-751, Petition to Remove Conditions on Residence ... Use this form if you are a conditional permanent resident who obtained status through ...

 

Yes yes. I know. I mixed the wording. My apologies. 

 

All this while, I thought you had a 2 years GC. That's what most people get confused when it comes to ROC. If you have a 10 years GC, then I-90 is the way to go

[RandyW 149]

What Is the Purpose of Form I-90?

 

This application is used by lawful permanent residents and permanent residents in commuter status to apply for replacement or renewal of existing Permanent Resident Cards.

From Dept. of Homeland Security Immigrant Classes of Admission - https://www.dhs.gov/immigration-statistics/lawful-permanent-residents/ImmigrantCOA

 

 

Asylees

AS6	Asylees
GA6	Iraqi asylees
SY6	Syrian asylees
AS7	Spouses of AS6

 

Didn't YOU tell US that ??!?

Edited January 5, 2023 by RandyW

[Zengerhaaw 3]

12 hours ago, RandyW said:

What Is the Purpose of Form I-90?

 

This application is used by lawful permanent residents and permanent residents in commuter status to apply for replacement or renewal of existing Permanent Resident Cards.

From Dept. of Homeland Security Immigrant Classes of Admission - https://www.dhs.gov/immigration-statistics/lawful-permanent-residents/ImmigrantCOA

Asylees

AS6	Asylees
GA6	Iraqi asylees
SY6	Syrian asylees
AS7	Spouses of AS6

 

Didn't YOU tell US that ??!?

Thank you for your input.  Yes.  According to https://www.dhs.gov/immigration-statistics/lawful-permanent-residents/ImmigrantCOA, my friend entered on   the  AS7    Spouses of AS6 , so that's an immigrant visa.

 

But:

According to the question explanation offered by USCIS I-90 online form, that is not:

"Did you enter the U.S. on an immigrant visa?

Immigrant visas are processed and issued by U.S. consulates in foreign countries. If you have obtained a green card by applying for permanent resident status after entering the United States, you are not entering on an immigrant visa."

 

According to the explanation, because my friend was admitted into USA based on the asylee dependent status in 2011 (I saw that stamp in his passport), then obtained his permanent residence in 2012 (residence since 2012), he is NOT entering on an immigrant visa. 

 

That why I think it's so confusing. 

[RandyW 149]

1 hour ago, Zengerhaaw said:

Thank you for your input.  Yes.  According to https://www.dhs.gov/immigration-statistics/lawful-permanent-residents/ImmigrantCOA, my friend entered on   the  AS7    Spouses of AS6 , so that's an immigrant visa.

 

But:

According to the question explanation offered by USCIS I-90 online form, that is not:

"Did you enter the U.S. on an immigrant visa?

Immigrant visas are processed and issued by U.S. consulates in foreign countries. If you have obtained a green card by applying for permanent resident status after entering the United States, you are not entering on an immigrant visa."

 

According to the explanation, because my friend was admitted into USA based on the asylee dependent status in 2011 (I saw that stamp in his passport), then obtained his permanent residence in 2012 (residence since 2012), he is NOT entering on an immigrant visa. 

 

That why I think it's so confusing. 

I think he is trying to trip himself up over a technicality - he WAS admitted in an Immigrant Class of Admission. The USCIS wording I believe is simply on over-simplication of the issue. However, it may be subject to legal interpretation - but my own (non-professional) understanding of the legalese is that yes he WAS admitted on an "immigrant visa".

So what he needs to decide here is simply - Does he want to get a lawyer to answer this question for him?