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Form I-551

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My wife had received her GC (10years)on 03/07/2012,Today we received the following letter from USCIS: :

Dear Sir/Madam:

This letter is in reference to your Petition to Remove Conditions on Residence (Form I-751). A review of your record shows that you were incorrectly admitted or adjusted as a conditional permanent resident. You should have been admitted or adjusted as permanent resident without conditions because the marriage through which you gained conditional residence status was entered into more than twenty-four months prior to your admission or adjustment.

U.S. Citizenship and Immigration Services (USCIS) is terminating action on the Form I-751, and refunding your filing fee. This termination does not affect your permanent resident status.

You should be receiving a new alien registration card (Form I-551) showing the correct immigrant classification. You are not required to take any further action. If you do not receive a correct card within 60 days, please contact your local district office for further guidance.

What does this mean?

is she receiving another new Green Card?if yes, how long it takes to receive it?

can she use her Green Card,the one she has now,to go overseas or not?

* her Green Card is IR-1 Category.

Thank you so much!

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My wife had received her GC (10years)on 03/07/2012,Today we received the following letter from USCIS: :

Dear Sir/Madam:

This letter is in reference to your Petition to Remove Conditions on Residence (Form I-751). A review of your record shows that you were incorrectly admitted or adjusted as a conditional permanent resident. You should have been admitted or adjusted as permanent resident without conditions because the marriage through which you gained conditional residence status was entered into more than twenty-four months prior to your admission or adjustment.

U.S. Citizenship and Immigration Services (USCIS) is terminating action on the Form I-751, and refunding your filing fee. This termination does not affect your permanent resident status.

You should be receiving a new alien registration card (Form I-551) showing the correct immigrant classification. You are not required to take any further action. If you do not receive a correct card within 60 days, please contact your local district office for further guidance.

What does this mean?

is she receiving another new Green Card?if yes, how long it takes to receive it?

can she use her Green Card,the one she has now,to go overseas or not?

* her Green Card is IR-1 Category.

Thank you so much!

It means you were married for more than 2 years and did not need to have a conditional 2 year GC, but should have been given a 10 year GC. So you are getting your money back, and a 10 year GC in the mail. As long as the existing GC is not expired she can travel without problems. If it is expired she can use it but the airlines may question her as to its validity and not let her board the airplane back to the US. Do ou have an NOA letter from teh USCIS before this one? That letter would allow the people at teh airlines to think her GC has been extended for one year.

I am amazed they sent you your money back.

Dave

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Yes, she will get a new greencard but her old one will work just fine for now, including for travel. The new greencard should arrive in 2 months or less.

You get money back from USCIS, hurray!

Thank you so much for your replies, I have another question if you don't mind.

since she will have a NEW green card(different category,I guess), I am wondering what we have to do with the old one that already has 10 years on it once we received the new one (will she has 2 G.C)?

by the way the 2 years G.C had expired on 08/04/2011.

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