As with Parts 1 and 2 of this NewsBrief series, this third and final overview focuses on key dates within immigration law. Here, the focus is primarily on dates important to permanent residents ("green card" holders) and those applying to become permanent residents of the United States.
Conditional Residents Must Timely File Petition to Remove Conditions
Conditional permanent residence is granted in green card cases based upon marriage, when the marriage is less than two-years-old at the time the case is approved. Individuals who receive a green card based on an investment in the United States also receive conditional status initially. Conditional permanent residence status is granted for a two-year period. This date should be clearly indicated on the green card. In the 90-day period prior to the end of the two-year period, the immigrant must file a second petition to "remove the conditions." Failure to file this second petition during the 90 day period prior to the expiration date will result in loss of permanent resident status and, potentially, even placement in removal (deportation) proceedings. It is sometimes possible to remove the conditions after the deadline has missed, but this is never guaranteed. Therefore, this deadline should be taken seriously.
Correct Form to Remove Conditions: I-751 or I-829
A frequent mistake that is made by individuals with conditional permanent residence is filing the incorrect form at the end of the two-year period. The correct form to file is either form I-751 or form I-829, depending upon the category under which the conditional permanent residence was granted. But, immigrants tend to mistakenly file a form I-90 application to replace a permanent resident card. To make matters worse, there have been many incidences of the U.S Citizenship and Immigration Services (USCIS) accepting the I-90s and failing to notify applicants of these errors for months - long after the conditional status has expired.
Expiration Date of "Green Card" Itself Important
Nearly all green cards have an expiration date. But, there is no set expiration date on a person's status as lawful permanent resident (LPR). Rather, the expiration date only applies to the document itself. This, however, does not mean that the date on the green card should be ignored. A valid, unexpired green card typically still is required in order to prove employment eligibility. It is also needed for reentry into the United States following a trip abroad. Therefore, LPRs are encouraged to file form I-90 to renew the green card during the final six months of the card's validity.
If Waiting to File I-485, Check Priority Date Each Month
The beneficiary of an I-140 or I-130 immigrant visa petition who is in the United States, but who has not yet filed an I-485 adjustment of status application, should be mindful of the applicable priority date. Each month, the U.S. Department of State (DOS) issues a visa bulletin with the updated priority dates for all categories. An I-485 can be filed only if the priority date is current; if the beneficiary waits too long to file, there is always a risk that the priority date will retrogress (i.e. move backwards).
Conclusion
In short, foreign nationals should make a New Year's resolution to understand the significance of the dates on their immigration-related documents, and to remain informed about changes within immigration law that may impact them. Naturally, one great way to stay up-to-date on the latest immigration news is to subscribe the MurthyBulletin, the Murthy Law Firm's free eNewsletter.
[See also Parts 1 and 2 of this MurthyDotCom NewsBrief.]
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