Visa

Conditional Residency (two-year green card)

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What is conditional residency (conditional green card)? A conditional green card, also known as CR1, is valid for two years and is issued to foreign nationals who have been married for less than two years. It is important to note that the conditional green card cannot be renewed. To maintain your status and avoid the need to leave the United States, it is necessary to adjust your status within the 90-day period before the card expires. As part of the process to remove the conditions on your permanent residency, it is required to provide evidence that your marriage is genuine. Petitioning to Remove Conditions When your conditional residency is nearing the end of its validity period and now you need to petition to remove the conditions with Form I-751 three months before your conditional residency expires. If you are still married you will petition with your spouse informing USCIS that you are still married to the spouse who petitioned for you. This is considered a joint petition to remove the conditions since both you and your partner will sign it (exceptions listed below to divorce, abuse, etc.) If you are no longer married to the spouse who petitioned for you then you must self-petition with a request for a waiver of the join filing requirement based on the termination of the marriage. You will have to show USCIS that you are now divorced (you can file if your divorce is pending but it can’t be approved until your divorce is finalized). Further, you will need to prove to the USCIS officer’s satisfaction that the marriage was bona fide at the time when you entered into it. Removing the Conditions Without Your Spouse As discussed above, you can petition without your spouse requesting a waiver of the joint-filing requirement under the following conditions: If you are filing with the request to have the joining requirement waived (filing individually) you can do so between the time your are granted conditional resident status and before being removed from the U.S. If extraordinary circumstances arise and you are unable to file (not due to your fault) you are permitted to file late but must include a detailed explanation of the reason you’re filing late to USCIS. When to file Form I-751? You should aim to submit your application within the 90-day period before your conditional green card expires. It’s important to note that this is a joint petition, so both partners should complete and sign the form together. In addition to the form, you will need to provide sufficient evidence to prove the authenticity of your marriage. This can include documents such as joint bills, joint lease/mortgages, photos of you and your partner together, and any relevant documentation regarding children (if applicable). Don’t forget to include a copy of your conditional green card and the necessary filing and biometric fees. Filing Fee & Biometric Service Fee The filing fee for Form I-751 is $595 while the biometric service fee is $85. What to Bring to Your Biometrics Appointment Review your biometric appointment sheet to see what exactly they’d like you to bring. You should be sure to bring a form of government photo ID such as : Documents to Support Good Faith Marriage Frequently Asked Questions About Conditional Green Cards My conditional green card expired, can I still work? If your conditional green card expired but your filed Form I-751 already then your resident status is automatically extended for 24 months while your case is processed by USCIS. On the receipt notice it will say “Your conditional permanent resident status is extended for 24 months from the expiration date on your Form I-551, Permanent Resident Card (also known as a Green Card).” That means you are legally able to travel out of the United States and work in the U.S. for those 24 months. Do I need to file an extension for this 24-month period? No, as long as you have submitted Form I-751 prior to the expiration of your conditional green card, this extension is automatic. What if I am asked for proof of my immigration status? If someone asks you can show them the receipt notice from USCIS (mailed within 6-8 weeks after filing Form I-751) and your expired green card as these serve as proof of your status. You are still a conditional resident while your I-751 is pending. What if my conditional green card expired and I didn’t file Form I-751? Until an NTA has been filed with the immigration court you are still able to file an I-751 with USCIS, but you would want to consult with an immigration attorney first as this makes your case more complicated. Even if your case is sent to the immigration court you are always able to file an I-751 with the Court and the Judge will rule on your removal of conditions. Can someone with a conditional green card do everything a permanent green card holder can? Yes, apart from having to remove the conditions after the two years, they have the same rights. Do people with ten-year green cards need to file Form I-751? No, they do not. Only those with conditional 2-year green cards. What does IR1 on my green card mean? This stands for immediate relative. Does my time as a conditional resident count towards my citizenship? Yes, it does. What is a CR6 green card? CR is the class of admission so if you see CR6 that means you have a  conditional green card. Is an interview required? If you and your spouse are filing jointly to remove the conditions, you may not need to be interviewed. The chances of being required to go through an interview are higher if you are requesting to waive the joint filing requirement, which is the case if you are divorced, or if you were not interviewed for your conditional residency. How long does it take to get permanent green card from conditional? Once you have submitted Form I-751, Petition to Remove … Read more

How Petition to Bring a Family Member to the U.S.

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As a citizen of the United States, you may help a relative become a lawful permanent resident of the United States by obtaining what is often referred to as a “Green Card.” To do so, you need to sponsor your relative and be able to prove that you have enough income or assets to support your relative(s) when they come to the United States. You begin the process by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. Filing instructions and forms are available on our Web site at www.uscis.gov. Sometimes the I-130 can be filed together with an application for permanent residence (Form I-485, Application to Register Permanent Residence or Adjust Status). This is discussed below. Which relatives may I petition for?A U.S. citizen can file a petition for the following relatives: A U.S. citizen who is at least 21 years or older may also petition for the following relatives: What does the petition do for my relative?Filing a Form I-130 and proving a qualifying relationship gives your relative a place in line with others waiting to immigrate from the same country or region based on the same type of relationship. When your relative reaches the front of the line, he or she may be eligible to immigrate after passing the required background checks and meeting requirements for admission. For example: You file a petition for your unmarried son over 21 years of age. If we approve it, your petition gives him a place in line with people from the same country category who are also unmarried sons or daughters over the age of 21 of U.S. citizens. What about my relative’s family?In most cases, when your relative reaches the front of the line, your relative’s spouse and unmarried children under 21 years of age can join him or her by also applying for an immigrant visa. (If the family member is already in the United States, he or she may be able to file a Form I-485 application to adjust status based on the relative’s approved visa petition.) For example: You file a petition for your married daughter. You cannot directly petition for her husband and children. However, when your daughter’s place in line allows her to apply for a Green Card, her husband and children can apply for immigrant visas at the same time with your daughter. As a U.S. citizen, you must file a separate petition for each one of your direct relatives, including your own children. For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—file a separate petition for each of them. Visas are immediately available for mothers and fathers of U.S. citizens, but visas are not immediately available for brothers and sisters of U.S. citizens; therefore, they will have to wait for visa availability. For example: You marry someone with a child. The child will usually qualify as your stepchild if he or she was unmarried and under 18 years of age at the time of your marriage. In this example, you are required to file two petitions: one petition for your wife and another for the child. After I file, how long will it take before my relative can immigrate?The law gives special consideration to immediate relatives of U.S. citizens, which includes a U.S. citizen’s spouse, unmarried children under 21 years of age, and parents. For other relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means your relative may have to wait several years in line while petitions that were filed before theirs are processed. When your relative reaches the front of the line, the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa. Current wait times for visa categories are available under “Visa Bulletins” on the State Department’s Web site at www.travel.state.gov/visa. Can my relative wait in the United States until becoming a permanent resident? No. If your relative is outside the United States, filing an I-130 does not allow your relative to live or work in the United States. An I-130 petition only establishes your relationship with your relative. Your relative should wait outside the United States to immigrate legally. If your husband or wife, unmarried child under 21 years, or parent is already in the United States after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their I-130 petition. Does filing a relative petition commit me to anything?Yes. Under the law, each person who immigrates based on a relative’s petition must have a financial sponsor. If you choose to sponsor your relative’s immigration by filing a relative petition (I-130), when the time comes for your relative to immigrate, you must agree to be his or her financial sponsor by filing Form I-864, Affidavit of Support. If you do not meet the financial qualifications, other individuals will then need to make this commitment. For more information, please see Guide to Form I-864A. How Do I Financially Sponsor Someone Who Wants to Immigrate? It is part of the process of petitioning for someone. Read about the Form I-864A to learn more about affidavits of support and financial support. How do I file?There are two basic ways to legally assist your relatives to immigrate into the United States: 2. If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same time with permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself. Please read the instructions for the two addresses where concurrent filings can be mailed. What happens … Read more

Residency Category Codes

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IMMIGRANT CLASSES OF ADMISSION A lawful permanent resident (LPR) or “green card” recipient may live and work anywhere in the United States and may apply to become U.S. citizens if they meet certain eligibility and admissibility requirements. The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for the purpose of family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States. Immediate Relative Petitions Family Preference Petitions Employment Petitions Refugee & Asylum Diversity Visas Other IMMEDIATE RELATIVE PETITIONS The largest category of new LPRs consists of immediate relatives of U.S. citizens (spouses, children, and parents of U.S. citizens age 21 and older). Immediate relatives of U.S. citizens are not subject to numerical limits and typically account for more than 40 percent of new LPRs annually. IR1 Spouses, new arrivals IR6 Spouses, adjustments CR1 Spouses, new arrivals, conditional CR6 Spouses, adjustments, conditional IB1 Spouses, new arrivals, self petitioning IB6 Spouses, adjustments, self petitioning IW1 Spouses, widows or widowers, new arrivals IW6 Spouses, widows or widowers, adjustments CF1 Spouses, entered as fiance(e), adjustments, conditional IF1 Spouses, entered as fiance(e), adjustments IR2 Children, new arrivals IR7 Children, adjustments CR2 Children, new arrivals, conditional CR7 Children, adjustments, conditional AR1 Children, Amerasian, new arrivals AR6 Children, Amerasian, adjustments IB2 Children, new arrivals, self petitioning IB7 Children, adjustments, self petitioning IB3 Children of IB1 or IB6, new arrivals IB8 Children of IB1 or IB6, adjustments IW2 Children of IW1 or IW6, new arrivals IW7 Children of IW1 or IW6, adjustments CF2 Children of CF1, adjustments, conditional IF2 Children of IF1, adjustments IH3 Children adopted abroad under the Hague Convention, new arrivals IH8 Children adopted abroad under the Hague Convention, adjustments IH4 Children to be adopted under the Hague Convention, new arrivals IH9 Children to be adopted under the Hague Convention, adjustments IR3 Orphans adopted abroad, new arrivals IR8 Orphans adopted abroad, adjustments IR4 Orphans to be adopted, new arrivals IR9 Orphans to be adopted, adjustments IR5 Parents of adult U.S. citizens, new arrivals IR0 Parents of adult U.S. citizens, adjustments IB5 Parents battered or abused, of U.S. citizens, new arrivals, self petitioning IB0 Parents battered or abused, of U.S. citizens, adjustments, self petitioning FAMILY PREFERENCE CATEGORIES Family members not included in the immediate relative class of admission may be eligible for immigration under family-sponsored preferences. Categories are organized by priority. A11 Unmarried Amerasian sons/daughters of U.S. citizens, new arrivals A16 Unmarried Amerasian sons/daughters of U.S. citizens, adjustments F11 Unmarried sons/daughters of U.S. citizens, new arrivals F16 Unmarried sons/daughters of U.S. citizens, adjustments B11 Unmarried sons/daughters of U.S. citizens, new arrivals, self petitioning B16 Unmarried sons/daughters of U.S. citizens, adjustments, self petitioning A12 Children of A11 or A16, new arrivals A17 Children of A11 or A16, adjustments F12 Children of F11 or F16, new arrivals F17 Children of F11 or F16, adjustments B12 Children of B11 or B16, new arrivals B17 Children of B11 or B16, adjustments F21 Spouses of alien residents, subject to country limits, new arrivals F26 Spouses of alien residents, subject to country limits, adjustments B21 Spouses of alien residents, subject to country limits, new arrivals, self petitioning B26 Spouses of alien residents, subject to country limits, adjustments, self petitioning C21 Spouses of alien residents, subject to country limits, new arrivals, conditional C26 Spouses of alien residents, subject to country limits, adjustments, conditional FX1 Spouses of alien residents, exempt from country limits, new arrivals FX6 Spouses of alien residents, exempt from country limits, adjustments BX1 Spouses of alien residents, exempt from country limits, new arrivals, self petitioning BX6 Spouses of alien residents, exempt from country limits, adjustments, self petitioning CX1 Spouses of alien residents, exempt from country limits, new arrivals, conditional CX6 Spouses of alien residents, exempt from country limits, adjustments, conditional F22 Children of alien residents, subject to country limits, new arrivals F27 Children of alien residents, subject to country limits, adjustments B22 Children of alien residents, subject to country limits, new arrivals, self petitioning B27 Children of alien residents, subject to country limits, adjustments, self petitioning C23 Children of C21, C22, C26, or C27, subject to country limits, new arrivals, conditional C28 Children of C21, C22, C26, or C27, subject to country limits, adjustments, conditional B23 Children of B21, B22, B26, or B27, subject to country limits, new arrivals B28 Children of B21, B22, B26, or B27, subject to country limits, adjustments F23 Children of F21, F22, F26, or F27, subject to country limits, new arrivals F28 Children of F21, F22, F26, or F27, subject to country limits, adjustments C25 Children of C24 or C29, subject to country limits, new arrivals, conditional C20 Children of C24 or C29, subject to country limits, adjustments, conditional B25 Children of B24 or B29, subject to country limits, new arrivals B20 Children of B24 or B29, subject to country limits, adjustments F25 Children of F24 or F29, subject to country limits, new arrivals F20 Children of F24 or F29, subject to country limits, adjustments C22 Children of alien residents, subject to country limits, new arrivals, conditional C27 Children of alien residents, subject to country limits, adjustments, conditional FX2 Children of alien residents, exempt from country limits, new arrivals FX7 Children of alien residents, exempt from country limits, adjustments BX2 Children of alien residents, exempt from country limits, new arrivals, self petitioning BX7 Children of alien residents, exempt from country limits, adjustments, self petitioning CX3 Children of CX2 or CX7, exempt from country limits, new arrivals, conditional CX8 Children of CX2 or CX7, exempt from country limits, adjustments, conditional BX3 Children of BX1, BX2, BX6, or BX7, exempt from country limits, new arrivals BX8 Children of BX1, BX2, BX6, or BX7, exempt from country limits, adjustments FX3 Children of FX1, FX2, FX7, or FX8, exempt from country limits, new arrivals FX8 Children of FX1, FX2, FX7, or FX8, exempt from country limits, adjustments … Read more

FRP Invitation Letter

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Below is an example of a Family Reunification Parole invitation letter. If you receive this letter you are eligible to apply to bring your family member with an approved I-130 visa petition to the U.S. to wait for their visa in the U.S. See the Family Reunification Parole Post for more info.