removal of temporary residency

[nejay 4]

hi,

how long does it take to go through the process of removing the temporary residency status, provided you have all the evidence in place?

[coco2012 2]

hi,

how long does it take to go through the process of removing the temporary residency status, provided you have all the evidence in place?

It takes approximately 6 months, but some people get in 4 or others past the 6months...just depends, you can always check the processing times of the

office you will be filing. go on ucis website and under Find click on processing times, hope this helps

https://egov.uscis.gov/cris/processTimesDisplayInit.do

[nejay 4]

thanks for the response. I'm slightly confused because the application goes in within the 90-day. why should the process go beyond the 90-day? How does one justify his stay in the US after the 90 days, if the application will take about 4-6 months ideally?

It takes approximately 6 months, but some people get in 4 or others past the 6months...just depends, you can always check the processing times of the

office you will be filing. go on ucis website and under Find click on processing times, hope this helps

https://egov.uscis.gov/cris/processTimesDisplayInit.do

[Stephen + Elisha 92]

How does one justify his stay in the US after the 90 days, if the application will take about 4-6 months ideally?

When you submit your I-751 petition to remove the conditions on residency, USCIS sends you a Receipt Notice (often called NOA1 around VisaJourney). That receipt notice automatically extends your conditional residence status for 1 year while the I-751 is being adjudicated. That notice, together with your expired green card, constitute proof of legal presence until 1 year after the expiration date on the green card.

Edited January 27, 2012 by Stephen + Elisha

[nejay 4]

thanks. Can one travel out of the US with the NOA1 (Receipt Notice)? Will you have a problem returning, if you are out of the US briefly?

When you submit your I-751 petition to remove the conditions on residency, USCIS sends you a Receipt Notice (often called NOA1 around VisaJourney). That receipt notice automatically extends your conditional residence status for 1 year while the I-751 is being adjudicated. That notice, together with your expired green card, constitute proof of legal presence until 1 year after the expiration date on the green card.

[Stephen + Elisha 92]

thanks. Can one travel out of the US with the NOA1 (Receipt Notice)? Will you have a problem returning, if you are out of the US briefly?

Yes, you can travel. No, you should have no problem returning. Quoting directly from the receipt notice:

Your conditional resident status is extended for a period of one year. During the one year extension you are authorized employment and travel.

[~happyndinlove~ 540]

hi,

how long does it take to go through the process of removing the temporary residency status, provided you have all the evidence in place?

It depends. Your petition can be approved as quick as one month if you are a CSC filer depending on how solid the evidence you have. But if you are a VSC filer, well... expect for 6-8 months.

If you are travelling by land / sea, your GC and (original copy of your) extention letter are sufficient. But if you intend to travel outside the State by air, you should go to your local USCIS and get the I-551 stamped on your passport to make sure you won't have any trouble at the airport.

Edited January 27, 2012 by ~happyndinlove~