Lena Korial-Yonan, P.A. Removing Conditions on Your Two-Year Green Card . Posted by 3 hours ago. 5. On that trip back she went solo and by that point had been out of the USA for approx 14 … How to file form I-751 with a divorce waiver. Even before we got married, we dated for 3 years before deciding to file for K1 visa and get married here in US. If you renounced your US citizenship or Green Card, you would have to pay an exit tax or expatriation tax if you fulfill any of these 3 conditions: 1. Therefore it is not a substitute for and does not replace legal advice. Basically under 8 U.S.C. After going through almost incomprehensible amount of trouble you MIGHT initiate an investigation by USCIS. You May Become a Public Charge (Inadmissible) If your case is simple, you may never have to deal with any grounds of inadmissibility. The physical green card must be renewed every 10 years (similar to a drivers license), but the individual’s status is permanent. I arrived here in US 2005 and we got married in 2006. You must remain married from the beginning to the end of your naturalization. Initiate Rescission Proceedings. If you're over 21 at the time he filed for you that would fall under the F1 family preference category, and those petitions currently take about 6 years before they are valid for use. Failure to Establish a Permanent Residence, or Abandonment of Permanent Residence - Green Card holders must maintain residency in the United States, so if a permanent resident remains outside of U.S. territory for 180 days or more, their Green Card will be revoked. That officer will find the petition and recall it for processing of the revocation. S. slt Registered Users (C) Apr 24, 2005 #5. Foreign nationals convicted of a “deportable crime” can be deported back to their home country by the Department of Homeland Security (DHS) and barred from re-entering the US for a number of years. Why Your Green Card is Valid for Only 2 Years . His legal wife at the time petitioned for him through a U.S. consulate and his case was approved. Your green card (lawful permanent resident status) may be rescinded within 5 years of adjusting status (being granted U.S. permanent residency status), if it appears that you were ineligible for a green card. And as i said above, i received my 10 yr. green card last March. Lena Korial-Yonan, Esq. There are many green card holders who, intentionally or not, travel to the U.S. using their green card after having spent more than one year outside of the U.S. and without applying for SB-1 Returning Resident visa. If you have committed any fraud in the application process for a green card and it is discovered, you can lose it or be denied the green card. Domestic dispute or irreconcilable difference cannot be a reason for green card revocation. Apr 24, 2005 #5. Those with a Green Card do not need to apply for an ESTA (travel authorization) or any another type of visa to enter the USA. A green card holder whose immigrant status was sponsored by a U.S. citizen can file for naturalization after three years of having a green card. Removing Conditional Resident Status Based on Marriage 3. Please go to www.needimmigrationhelp.com and contact Lena Korial-Yonan, Esq. 2. If you are a conditional permanent resident, you cannot renew your two-year Green Card. Once you are a green card holder, it is important to intent to maintain residency in the US. If you paid after you entered the country, then you can expect to receive your green card within 6 months after you pay your fee. 9425 Craven Road, Suite 5 All rights reserved. Facsimile: (904) 448-8221 And my marriage to my US citizen husband was based on good faith. No The answer is NO. In fact, you won’t be a renewing your green card — the process for conditional residents is completely different. [Interesting thing to note here for all people considering marriage fraud - do NOT do it, because as you see he was caught, six (6) years later, when he thought everything was good.]. Disclaimer | Privacy Policy | Sitemap | FAQ. We had been living in Chiang Mai from the time it was issued to her but went back to California each year for other reasons than simply to validate her residency. She was approved for a 10 year permanent green card. Citizenship and Immigration Services (USCIS). Close. have continually resided in the U.S.for at least seven years after being admitted in any status and before the “stop-time rule” is triggered (discussed further below) have not been convicted of an aggravated felony; have not received cancellation of removal or 212(c) relief in the past, and; as a matter of discretion, deserve to win your case and keep your green card. He has autism and my dad was on the verge to get deported but they granted him a green card because he swore that that’s the whole reason why he needed to stay in the states. Next Post If a US green card holder remains outside of the US too long – generally, 180 days or more annually – he or she is seen as abandoning their green card status and the status will be revoked. Citizenship? Green Card Through Employment Application. A graph is generated to not only show your current place in line but also your progress over the past two years. After this period, the card must be renewed or replaced. In his defense to the removal proceedings against him, he through his attorney asserted that under 8 U.S.C. Renewing green card after 2 years requires careful consideration. However, if your case involves job loss, criminal records, domestic abuse or anything along those lines; get ready for headaches. What is the difference between a Green Card and U.S. If a permanent resident needs to travel outside the U.S. for an extended period, they will need to obtain an authorization that proves they do … If you were a U.S. resident during any part of the preceding calendar year and you are a U.S. resident for any part of the current year, you will be considered a U.S. resident at the beginning of the current year. Green card revocation. A green card may be revoked based on numerous grounds including: fraud, criminal activity and/or abandonment. If a divorce occurs before or at any stage during the Green card revocation. Spouse was a derivative beneficiary of employer sponsored GC case about 5 -6 years ago. Failure to follow the rules set by the government for Green Card holders can lead to loss of https://www.usimmigration.org/glossary/permanent-resident. Phone: (904) 448-6646 For example, entering into a sham marriage to a U.S. citizen would be considered grounds for removal from the United States. Your average annual net income tax liability for the 5 tax years ending before the date of your expatriation is more than $151,000 if you expatriated in 2012. So, if you lose your green card you will be waiting some time to get a new one. Employment Authorization Document (I-765), Deferred Action for Childhood Arrivals - DACA (I-821D). Section 1256(a), the USCIS can rescind his green card only within five (5) years of the date that he obtained his green card. However, the Court ruled that upon closer reading of the statute, this 5 year limit within which USCIS can rescind a green card applies only to green cards issued through adjustment of status and not through consular processing. Arrivals - DACA ( I-821D ) renewing your Green Card revoked is quite... 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