I-751 Process

[waiting9 0]

My temporary green card expires on August 1, and the earliest I can apply is 90-days prior (or May 1). Here is the problem:

I need to travel on work latest by March, and will be out of the country past August. Can I apply for the I-751/permanent residency while I am overseas? I can of course have someone in the U.S. drop the application in the mail.

Will the application be accepted.

Thanks

[v333k 59]

My temporary green card expires on August 1, and the earliest I can apply is 90-days prior (or May 1). Here is the problem:

I need to travel on work latest by March, and will be out of the country past August. Can I apply for the I-751/permanent residency while I am overseas? I can of course have someone in the U.S. drop the application in the mail.

Will the application be accepted.

Thanks

The application should be accepted.

When will you return?

Usually, you get your NOA which extends your residency status for 1 year, and that will be followed by a biometrics appointment. This appointment, if you remember, will be providing you with a date and time that you need to go to get your biometrics, and you shouldn't miss it or USCIS will consider your case abandoned. Therefore, you should make sure you return before all this happens. In addition, you need to make sure someone can check your mail and inform you of any letters you receive from USCIS.

If you provide some more details, some VJers may be able to provide you with additional advice.

[waiting9 0]

The application should be accepted.

When will you return?

Usually, you get your NOA which extends your residency status for 1 year, and that will be followed by a biometrics appointment. This appointment, if you remember, will be providing you with a date and time that you need to go to get your biometrics, and you shouldn't miss it or USCIS will consider your case abandoned. Therefore, you should make sure you return before all this happens. In addition, you need to make sure someone can check your mail and inform you of any letters you receive from USCIS.

If you provide some more details, some VJers may be able to provide you with additional advice.

Sorry, I should have been more clear. I will be out of the country for 5-months. I will be out of the country for the entire 90days when I am eligible to apply for my permanent greencard. Essentially, I am eligible to apply on May 1. However, I will be out from April 1 to August 30. So when I return on September 1, my temp green card would have expired.

So the question really is, when I become eligible on May 1, can my friend mail in the application from NY, while I am overseas? Also, how will I return to the country, since my temp greencard would have expired.

Thanks much.

[v333k 59]

Sorry, I should have been more clear. I will be out of the country for 5-months. I will be out of the country for the entire 90days when I am eligible to apply for my permanent greencard. Essentially, I am eligible to apply on May 1. However, I will be out from April 1 to August 30. So when I return on September 1, my temp green card would have expired.

So the question really is, when I become eligible on May 1, can my friend mail in the application from NY, while I am overseas? Also, how will I return to the country, since my temp greencard would have expired.

Thanks much.

To answer your concern, when you file your ROC you will get a 1 year extension letter that allows you to travel and work (an additional year of residence while your application is pending). Some VJers posted here that when they came back to the States, they didn't even have to show the extension letter, but that is most probably because their status showed up as LPR in the system. Nevertheless, make sure you have it when entering back.

That being said, this puts you in an interesting position.

My suggestion, you need to prepare the packet and sign it with the date you want your friend to mail it, in addition, prepare the check to USCIS as well as all other forms. My recommendation is to mail you package middle to end of June (estimate) that way USICS will receive your ROC and have enough time to send you the extension letter, which your friend has to FedEx to you and make sure you receive it before you return.

The reason I suggest mailing in your package later in the 90-day window is because you want to make sure you are back in the States when you receive your biometrics appointment. As I mentioned in my first reply, if you don't show up your case will be considered abandoned and you will receive a denial letter and then you have to end up going to so many different forms and spend a ton of money to get your case open again. You can request to reschedule the biometrics, but you need to provide a good reason (which I think your is a good one). I don't know what happens if you get your rescheduled biometrics and it is also when you are not here... not sure how many times they will accept rescheduling. Rescheduling will anyway delay your application so you might end up receiving your approval around the same time if you file later as I suggested.

Have you traveled outside the US before since your conditional residence? and how long? This question brings up another possible issue where residents need to maintain their status here in the States, and that means you should have been physically present 18 months our of the past 24 months in the States. This is a whole different topic that some other VJer could shed additional light on. If you will be spending 5 months that means you have 1 month. There are some caveats but I would check in much more details about this.

My final comment, or question, is it an absolute must you have to travel and for that long?

Hope this helps..

[waiting9 0]

To answer your concern, when you file your ROC you will get a 1 year extension letter that allows you to travel and work (an additional year of residence while your application is pending). Some VJers posted here that when they came back to the States, they didn't even have to show the extension letter, but that is most probably because their status showed up as LPR in the system. Nevertheless, make sure you have it when entering back.

That being said, this puts you in an interesting position.

My suggestion, you need to prepare the packet and sign it with the date you want your friend to mail it, in addition, prepare the check to USCIS as well as all other forms. My recommendation is to mail you package middle to end of June (estimate) that way USICS will receive your ROC and have enough time to send you the extension letter, which your friend has to FedEx to you and make sure you receive it before you return.

The reason I suggest mailing in your package later in the 90-day window is because you want to make sure you are back in the States when you receive your biometrics appointment. As I mentioned in my first reply, if you don't show up your case will be considered abandoned and you will receive a denial letter and then you have to end up going to so many different forms and spend a ton of money to get your case open again. You can request to reschedule the biometrics, but you need to provide a good reason (which I think your is a good one). I don't know what happens if you get your rescheduled biometrics and it is also when you are not here... not sure how many times they will accept rescheduling. Rescheduling will anyway delay your application so you might end up receiving your approval around the same time if you file later as I suggested.

Have you traveled outside the US before since your conditional residence? and how long? This question brings up another possible issue where residents need to maintain their status here in the States, and that means you should have been physically present 18 months our of the past 24 months in the States. This is a whole different topic that some other VJer could shed additional light on. If you will be spending 5 months that means you have 1 month. There are some caveats but I would check in much more details about this.

My final comment, or question, is it an absolute must you have to travel and for that long?

Hope this helps..

Yes, it certainly does. Thank you very much. I have traveled for a total of 2 1/2 month (10-weeks) outside the country so far. I thought the rule was you can not be out for more than 180 day at a stretch. I did not realize that the total time should have been less than 6-months.

Also, is it true that I can apply for my US citizenship in August 2011? I received my initial/temporary green card in August 2008, and will get my 10-year greencard sometime after August this year.

[pg&pg 0]

To answer your concern, when you file your ROC you will get a 1 year extension letter that allows you to travel and work (an additional year of residence while your application is pending). Some VJers posted here that when they came back to the States, they didn't even have to show the extension letter, but that is most probably because their status showed up as LPR in the system. Nevertheless, make sure you have it when entering back.

That being said, this puts you in an interesting position.

My suggestion, you need to prepare the packet and sign it with the date you want your friend to mail it, in addition, prepare the check to USCIS as well as all other forms. My recommendation is to mail you package middle to end of June (estimate) that way USICS will receive your ROC and have enough time to send you the extension letter, which your friend has to FedEx to you and make sure you receive it before you return.

The reason I suggest mailing in your package later in the 90-day window is because you want to make sure you are back in the States when you receive your biometrics appointment. As I mentioned in my first reply, if you don't show up your case will be considered abandoned and you will receive a denial letter and then you have to end up going to so many different forms and spend a ton of money to get your case open again. You can request to reschedule the biometrics, but you need to provide a good reason (which I think your is a good one). I don't know what happens if you get your rescheduled biometrics and it is also when you are not here... not sure how many times they will accept rescheduling. Rescheduling will anyway delay your application so you might end up receiving your approval around the same time if you file later as I suggested.

Have you traveled outside the US before since your conditional residence? and how long? This question brings up another possible issue where residents need to maintain their status here in the States, and that means you should have been physically present 18 months our of the past 24 months in the States. This is a whole different topic that some other VJer could shed additional light on. If you will be spending 5 months that means you have 1 month. There are some caveats but I would check in much more details about this.

My final comment, or question, is it an absolute must you have to travel and for that long?

Hope this helps..

hi i am new member of this forum and i need ur help guys.

i have to apply for removal of condition in couple of months.

i got my GC on 01/06/09 and expires on 01/06/11.

so guys please tell me what is the right time to file.

[milimelo 4,494]

hi i am new member of this forum and i need ur help guys.

i have to apply for removal of condition in couple of months.

i got my GC on 01/06/09 and expires on 01/06/11.

so guys please tell me what is the right time to file.

90 days before 01/06/2011.