Question:
Dear wise ones out there, my 2 year green card run out last year, now I
better apply for my 10 year one. Any idear how long this process takes,
and would there be any problems being as I did not file earlyier?
Answer:
You have a problem and should hire an attorney.
I'm assuming that by 2-year Green Card, you mean the conditional GC that you
receive through marriage to a US citizen or through investment? With this
type of Green Card, you are required to file form I-751 within 90 days
*before* it expires. Once it expired, you lost your permanent residency and
are now illegally in the USA. That's why you need to consult with an
attorney experienced with such things.
You *may* be able to get away with just filing the I-751 now, or you may
have to apply for a marriage-based Green Card from scratch, or you may even
have to leave the USA and wait for a marriage-based immigrant visa.
Yes I done the $200 I-751, that run out end of June this year, will be
ringing them tomorrow being as there shut today, did not have the money
at the time to go ahead with renewal, I know thats bad but such is life,
I just want to go home for a long visit in May 06.
bv, I'm shocked to see this post from you!
Best come back with some detail. You were to file I-751 with your spouse
90 days before the expiration date on your Green Card. What's the
expiration date, and are you sure you did not file I-751? $200 check to
USCIS ring a bell?
Phew! You are still in status. Your first post made it sound like youi
had not filed I-751.
Here's what is normal:
-90 days before card expires, send I-751 + evidence + $200.
-One week or so later, get a NOA that extends your Permanent Resident
status for one year. That NOA + expired Green Card are your proof of
status for one full year after expiration of card.
-Can take 12-18 months to get a response on the I-751. We just had a
letter arrive that said 'you're approved, go to your Local Office to
order a new card'.
-Check uscis.gov processing times for your Service Center and see
where you are at compared to their processing date for I-751. If they
are showing a significant amount past your application date (on your
NOA), make an InfoPass appt. I'm pretty sure the phone people can't
tell you anything.
-After approval, you take the letter and make an InfoPass appointment to
order the new card. We did that on Aug18, but do not have the new card
yet. But, the passport has a stamp that is valid for travel.
Let us know where in all that you are, and maybe we can answer better
next time :)
Phew. You scared me. Ignore my other post. As long as you properly filed the
I-751, you should be OK.
I don't understand what you mean by "did not have the money at the time".
Did you file the I-751 without the fee? If so, there are two possibilities.
If you simply filed the I-751 without a fee, it would get denied. But you
can also file it (or any) USCIS forms with a request to waive the fee if
you really don't have the money. If you have done that, the I-751 is
perfectly fine, and just as good as a regular one that you filed with the
fee.
