What's next? Renew Green card or Removal Of Conditions?

[bungcheez 0]

My wife extended her stay in Thailand due to covid-19 and was in possession of her 2 year conditional green card.

While in Thailand her green card expired, and she is not able to re-enter the US. She did not have a re-entry permit. 

 

We have been to the US Embassy in Bangkok, and with the help of an attorney she will be getting a re-entry permit to get back in to the USA.

 

My question is, once she is back in the US, do we need to file for a new green card for her first? I am assuming this will be a 10 year green card? 

 

OR, can we just do file for a removal of conditions while she is on her re-entry permit?

 

I am under the impression that we need to get her the green card first, and once she has her green card, we can then file for a removal of conditions.

 

Can someone please validate if my thinking is correct? What should our next steps be? 

 

Thanks so much in advance for helping make sense out of such a complicated process and crappy situation. :)

 

[Boiler 45,657]

How long has she been gone? When did her GC expire?

Edited August 26, 2021 by Boiler

[bungcheez 0]

Just now, Boiler said:

How long has she been gone? When’d did her GC expire?

 

You need to be in US to file for a re entry permit so not sure what is going on.

 

Due to covid, USCIS is making a lot of concessions for a lot of people who are stranded due to the pandemic. So, yes she can indeed get a re-entry visa in Thailand. 

 

At a recent appointment at the US Embassy in Bangkok they have already verbally approved her re-entry permit. She just submitted to a physical exam and police background check.

 

Her next appointment at the Embassy in Bangkok is in 2 weeks.

 

As long as her exam is ok, and her background comes back clean, we have been told by the embassy that she will get a re-entry visa in Bangkok.

 

She will have 6 months from the date of issuance to return to the USA. 

 

So my question is, what do we need to do next once she is in the US? Do we apply for a new green card? Or, removal of conditions? 

 

I am thinking 1st things 1st, she needs a new green card. 

 

Any advice is appreciated. 

[Crazy Cat 41,978]

15 hours ago, bungcheez said:

I am thinking 1st things 1st, she needs a new green card. 

My thoughts:  It seems to me that she needs to remove conditions on her existing Green card...with justification for late filing.  She still has status as a legal resident, else she would not receive a re-entry permit.

 

I'm still not sure why she didn't file to remove conditions 90 days prior to the expiration date.  It can be done outside the US.  Good luck.

Edited August 27, 2021 by Crazy Cat

[Dashinka 24,587]

I would file the I751 ASAP with the proper explanation as to why it is late. 
 

Good Luck!

[mushroomspore 3,044]

41 minutes ago, bungcheez said:

My wife extended her stay in Thailand due to covid-19 and was in possession of her 2 year conditional green card.

While in Thailand her green card expired, and she is not able to re-enter the US. She did not have a re-entry permit. 

 

We have been to the US Embassy in Bangkok, and with the help of an attorney she will be getting a re-entry permit to get back in to the USA.

 

My question is, once she is back in the US, do we need to file for a new green card for her first? I am assuming this will be a 10 year green card? 

 

OR, can we just do file for a removal of conditions while she is on her re-entry permit?

 

I am under the impression that we need to get her the green card first, and once she has her green card, we can then file for a removal of conditions.

 

Can someone please validate if my thinking is correct? What should our next steps be? 

 

Thanks so much in advance for helping make sense out of such a complicated process and crappy situation.

 

You can't skip Removal so you guys need to file that. It also says on the I-90 webpage: "DO NOT FILE I-90 IF YOU HAVEA CONDITIONAL 2-YEAR GREEN CARD."

[Boiler 45,657]

So the lawyer filed a SB 1?

[SusieQQQ 11,586]

Can you determine exactly what it is she is getting at the embassy? I don’t think it is a re-entry permit as you have to apply for that while you are in the US (a lawyer doesn’t change that and an embassy cannot issue it). If it is actually a SB1 returning resident visa, then that is an immigrant visa and she will get another green card on entry into the US. This one would be a 10 year card and no ROC required.

[SusieQQQ 11,586]

58 minutes ago, bungcheez said:

At a recent appointment at the US Embassy in Bangkok they have already verbally approved her re-entry permit. She just submitted to a physical exam and police background check.….

 

we have been told by the embassy that she will get a re-entry visa in Bangkok.

 

She will have 6 months from the date of issuance to return to the USA. 

This makes it sound like an SB1 visa.  These are the processes for an immigrant visa, not for a re-entry permit. You don’t need to do anything in that case other than have her enter before it expires. You’ve been married longer than 2 years so the new visa/green card will be unconditional. 
 

 

 

 

Edited August 26, 2021 by SusieQQQ

[bungcheez 0]

Thanks for all the fast replies. Very helpful! 

[HRQX 4,145]

2 hours ago, SusieQQQ said:

You’ve been married longer than 2 years so the new visa/green card will be unconditional.

That is when entering with an IR-1. Entering with SB-1 means the conditional LPR status was not abandoned (see INA 101(a)(20)) thus INA 216(c) still applies.

[SusieQQQ 11,586]

8 minutes ago, HRQX said:

That is when entering with an IR-1. Entering with SB-1 means the conditional LPR status was not abandoned (see INA 101(a)(20)) thus INA 216(c) still applies.

I didn’t quite interpret it like that but will take your word for it, not particularly familiar with the nuances around conditional PR. I assume OP will be able to figure it out either way from the actual green card that his wife will get after she is admitted.

[HRQX 4,145]

4 minutes ago, SusieQQQ said:

after she is admitted.

Note that is prudent to file Form I-751 ASAP:

2 hours ago, Dashinka said:

I would file the I751 ASAP with the proper explanation as to why it is late.

@bungcheez, file the above form ASAP with a reason for the late filing ^

[bungcheez 0]

6 minutes ago, HRQX said:

Note that is prudent to file Form I-751 ASAP:

@bungcheez, file the above form ASAP with a reason for the late filing ^

Will do, thanks for the great advice! Cheers!

[HRQX 4,145]

3 minutes ago, bungcheez said:

Will do, thanks for the great advice!

Just a reminder that on Form I-751 she'll list her US address.