time between 2 year GC and 10 year GC

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cmstrick - 31 Mar 2006 00:13 GMT

My husband's conditional green card will be expiring in March of 2007.
We are to apply for his 10 year green card not more than 90 days before
the expiration of the 2 year green card if I understand the process
correctly.

If it takes a year to receive the 10 year green card as it did for him
to receive the 2 year green card does that mean he will lose his
priviledges (sp) to work and re-enter the US (if he were to go out on
vacation)?

Should he apply in advance for another travel permit and a work permit?
The possibility of a gap scares me.

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Folinskyinla - 31 Mar 2006 00:20 GMT

> My husband's conditional green card will be expiring in March of 2007.
> We are to apply for his 10 year green card not more than 90 days
[quoted text clipped - 8 lines]
> Should he apply in advance for another travel permit and a work
> permit? The possibility of a gap scares me.

Hi:

Your husband has ALREADY been admitted to Lawful PERAMENT Residence. It
is just that it is subject to a "condition." He does NOT lose his
privileges while the the I-751 application is pending.

There is a tendency to conflate the card itself with the status.
However, if you file the timely application, he does NOT lose his
status at all.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

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Noorah101 - 31 Mar 2006 00:26 GMT

> Hi:
>
[quoted text clipped - 5 lines]
> However, if you file the timely application, he does NOT lose his
> status at all.

Once he applies to remove conditions, he should receive an extension
letter in the mail which he will use for travel purposes, along with his
expired 2-year green card. His status is still PR, even during the
waiting period, so he does not need work authorization.

Best Wishes,
Rene

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cmstrick - 31 Mar 2006 07:13 GMT

> Once he applies to remove conditions, he should receive an extension
> letter in the mail which he will use for travel purposes, along with
[quoted text clipped - 3 lines]
> Best Wishes,
> Rene

thanks, RENE! hopefully he won't have any issues with his expired
drivers license! at least we have insurance!

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cmstrick - 31 Mar 2006 06:22 GMT

> Hi:
>
[quoted text clipped - 5 lines]
> However, if you file the timely application, he does NOT lose his
> status at all.

oh thanks Foli! you just took away a lot of stress. because his GC
expired his Drivers license expires on the same date. i guess the worst
that could happen is he would get a ticket for driving on an expired
license. but, hopefully if he gets the receipt in the mail after we
file he can get his license updated.

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meauxna - 31 Mar 2006 00:28 GMT

The instruction page is pretty useful:

How Do I Remove the Conditions on Permanent Residence Based on Marriage?
http://uscis.gov/graphics/howdoi/remcond.htm#permit
Will I Get a Work Permit?
As a legal permanent resident, you should have received a permanent
resident card. This card will continue to prove that you have a right to
live and work in the United States permanently. If you file your USCIS
Form I-751 (Petition to Remove the Conditions on Residence) on time, the
USCIS will extend your conditional resident status for up to 12 months
while your Form I-751 petition is under review.

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cmstrick - 31 Mar 2006 07:17 GMT

> The instruction page is pretty useful:
>
[quoted text clipped - 8 lines]
> time, the USCIS will extend your conditional resident status for up to
> 12 months while your Form I-751 petition is under review.

great site! thanks for the link. i will begin exploration now.

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Immigration Forum / USA Marriage Base / March 2006

time between 2 year GC and 10 year GC