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Brandon442

May I-751 submitted and just received a NOA.

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Here is the story, we turned in our I-751 back at the first of May, well within the 90 day time period and it was accepted on 05/06/2014. This was for my wife and daughter both. At the time, it stated that we would receive a ASC appointment notice to go and do biometrics again. We didn't receive the notification, so I called the service center and was told my daughter did not have to go because she was not 14 years old. I also validated with them through email that my wifes biometrics were current and she also did not have to get an appointment. As is typical, no communication after than until yesterday. We received a NOA yesterday that is a appointment on the 19th or my daughter to get her biometrics done. I called the national service center last night and was told that after the biometrics are done they can escalate the case as it is outside of the normal processing time, but I will have to call in after the biometrics are complete. Of course, we will go do the biometrics, but I am concerned as to where this case sits now. I have noticed several threads that VSC is not processing on time ours would or is at the VSC. I am concerned as to why it took this long to get the ASC appointment, but my daughter did turn 14 after the I-751 was sent. Which I am thinking may be why the ASC notification was sent late. However, I am curious is this going to set us back X months? Any help or suggestions would be greatly appreciated. Thank you.

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Hi,

It does sound like your case may have been delayed so that your daughter would get biometrics. It makes sense since LPR's have to register their prints within 30 days of turning 14. I have a feeling that I read something about that and pending applications somewhere though.

If you are concerned about this setting your spouse back in terms of applying for citizenship, it won't. Your spouse can still apply for citizenship when she is eligible. Conditional LPR's are not precluded from applying for citizenship solely because of the pending I-751. The I-751 would be adjudicated by the IO conducting the citizenship interview.

Otherwise if you are not concerned about citizenship, she won't be out of status or anything like that. They are both still conditional LPR's while the petition is pending and will remain so until it's approved at which point they will become full LPR's. Good luck.


This does not constitute legal advice.

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Hi,

It does sound like your case may have been delayed so that your daughter would get biometrics. It makes sense since LPR's have to register their prints within 30 days of turning 14. I have a feeling that I read something about that and pending applications somewhere though.

If you are concerned about this setting your spouse back in terms of applying for citizenship, it won't. Your spouse can still apply for citizenship when she is eligible. Conditional LPR's are not precluded from applying for citizenship solely because of the pending I-751. The I-751 would be adjudicated by the IO conducting the citizenship interview.

Otherwise if you are not concerned about citizenship, she won't be out of status or anything like that. They are both still conditional LPR's while the petition is pending and will remain so until it's approved at which point they will become full LPR's. Good luck.

See that is what I was afraid of. What I don't get is why they waited 6 months to send it. Of course it is the USCIS, but my daughter turned 14 in June. So, I am curious why they waited to send it now. Plus, I even asked them about it since she would be have a birthday and of course what they told is apparently wrong. However, if I am hearing you correctly, it sounds like we are looking at several more months to get the green card. However, we will have been married 3 years in February. However, my wife will not have had her green card for 3 years until June of 2015, so I think we have to wait until then anyway. What is odd when we went to get her DL renewed, the TX DMV is now connected to DHS and they renewed the DL until 2019. Where everything I had read was they only usually renew it for the length of the extension. In the end, we will do the biometrics, I will call the USCIS and have them escalate it due to being outside the processing time, and hopefully it won't take another 6 months. I won't lie, I will be glad when my wife becomes a citizen and we don't have to deal with the USCIS anymore. I am curious how long it takes for the citizenship to be granted once the requirements are met.

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The earliest that your wife can apply for citizenship based on what you're telling me is in March 2015. She cannot apply more than 90 days before her 3rd anniversary as an LPR. The ROC may or may not still be pending by then, but in the event that it is she isn't precluded from applying for citizenship. The good thing was that she got her DL renewed some people have had issues getting their DL's renewed when the conditional card expires. I don't know why they have delayed it, but it does happen not that infrequently.


This does not constitute legal advice.

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