System screw up ? is my GC (not)-conditional ?

S

Safin

Registered Users (C)
Hi All,

I obtained my GC through marriage in February 2008, and originally I received a conditional GC. My GC processing took almost two years. Since at the time of my original GC issuance my marriage was 2 years and 1 month long, I submitted an I-90 and asked them to give me an unconditional GC. I received the unconditional (10-year long) GC in March 2008. So far so good.

However, about a month ago I received a notice that I need to submit a petition to remove conditions from my GC. My marriage is legitimate and is very much alive, but I do not want to go through the additional hassle and spend another ~$600 in fees. How should I proceed ? Will calling the number provided in the notice help ? I have read that the staffers there are sometimes not very knowledgeable. Or should I request and Infopass ? Or maybe submit another I-90 ?

Any advice or suggestions would be greatly appreciated.
Thank you.
 
You have to remove condition from your Green Card as a Status not the card. To remove your condition you have to submit form i-751 not I-90. I -90 is for expiring green cards or correction. You just got your Green Card plastic, but not your status. If your Conditional Card expired you are out of status. And you can run in trouble for confusing USCIS and getting immigration benefits out of it. It's like applying for US Passport after been Permanent Resident for 5 years, instead of filing N-400 application first.
 
Uncle Joe said:
Another words. You have received benefit which wasn't approved yet.
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I am going to disagree with you on this one: since my marriage was more than 2 years old at the time my GC was issued (it is almost 4 years old now) my resident status should not be conditional, as stated in INA Act 216, section g(1). Anyway, I am pretty sure I am correct on this one, and the notice that I got in the mail is due to a database screw up. What I am looking for is an advice on how to deal with the USCIS in the most efficient manner.
 
Do nothing. In other words, keep using the card you have until a situation occurs where you are forced to do something about it. Because even if you try to solve this now by calling, sending letters, etc. you still can't trust them to rectify the situation in their database.

Or if you want to do something, send USCIS a letter explaining your situation why are you not filing the I-751, and include a copy of the 10-year GC and the letter they sent you. That only costs a few dollars for the paper and certified mailing, and having that on file (even if they don't do anything about it now) may help to resolve things in your favor if you are confronted with a problematic situation related to the card.

Meanwhile, make sure you get a Social Security card without the employment restriction, so you can use that for employment if you are faced with a situation where you have to send in your 10-year GC.
 
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Jackolantern said:
Do nothing. In other words, keep using the card you have until a situation occurs where you are forced to do something about it. Because even if you try to solve this now by calling, sending letters, etc. you still can't trust them to rectify the situation in their database.

Or if you want to do something, send USCIS a letter explaining your situation why are you not filing the I-751, and include a copy of the 10-year GC and the letter they sent you. That only costs a few dollars for the paper and certified mailing, and having that on file (even if they don't do anything about it now) may help to resolve things in your favor if you are confronted with a problematic situation related to the card.

Meanwhile, make sure you get a Social Security card without the employment restriction, so you can use that for employment if you are faced with a situation where you have to send in your 10-year GC.
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Thank you for the advice. I am tempted to do that (meaning just do nothing), but I am not sure this is the right path. My concern is that I have to travel to Europe for work purposes, for a couple weeks every ~3-4 months so I would not want to have any issues returning home. So I will try calling and I already scheduled an Infopass appointment in 10 days. As for the letter, I think it is also a very good idea, but to whom/which address should I send it to ?
 
I've heard that at the time of issuing gc if marriage is 2 years or older you will receive 10 years GC not conditional one , so you are in right track and don't worry about removing condition and I don't think you will have problem coming back to the country over this issue. I would wait and see what will happen and if it becomes problem then will spend money for it.After all USCIS does demand money in diffrent ways and in you case is removing condition excuse.
 
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Safin said:
Thank you for the advice. I am tempted to do that (meaning just do nothing), but I am not sure this is the right path. My concern is that I have to travel to Europe for work purposes, for a couple weeks every ~3-4 months so I would not want to have any issues returning home.
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Even if you call and send letters and so on, you still can't be assured that you won't have a problem reentering the US. But your card is not a forgery, it says 10 years, and you have not done anything else to lose your permanent resident status. So you will be let back into the US with it; at worst you will be sent to secondary inspection (so be prepared to be stuck there for an hour or two) and they will tell you to file I-751.
So I will try calling and I already scheduled an Infopass appointment in 10 days. As for the letter, I think it is also a very good idea, but to whom/which address should I send it to ?
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I figure that would be the same place the I-751 would be sent; but instead of an I-751 you would be explaining why you are not filing the I-751. You could also send it to the Ombudsman.
 
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Thank you for all the replies and feedback. I might repost my question to the family-based forum, as it seems to be more suitable for this question. I hope this will be OK.

In short, yes my card is valid for 10 yrs., and it states IR6 (non-conditional), and the last notice I got from USCIS states that my card is valid for 10yrs and does not mention anything about the condition's removal, but I am still a bit concerned so I will try to contact the USCIS and see what they tell me.
 
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