Q & A June 13, 2004

Q & A 1.


Dear Mr. Lee,

I got married with a U.S. citizen in November 1999, and obtained a conditional Green Card on Nov. 15, 2000, which was expired on Nov. 15, 2002. I got the I-751 (petition to remove the conditions on residence) receipt, showing that I would receive the official Green Card in 6 to 8 months. In August 2003, however, I received an I-751 deferral notice, informing that there would be another 330 days before I get the official Green Card. Our marriage is bona fide, and we have provided such evidences as share house property, car, bank account, insurance and tax returns.

Questions:

  1. Can I go back to China for traveling? I have never left the U.S. during these five years.
  2. According to my conditional Green Card, my permanent residence was granted on 11/15/2000. Can I apply for the citizenship now as a U.S. citizen’s spouse?
  3. Why should I wait one more year before obtaining my green card?
  4. I was caught by the police officers before, but was pronounced not guilty at court. I put down this information on my application also. I wonder if it would affect my application. Will it also affect my naturalization application?
  5. What offices should I contact in order to make an inquiry of my case?

Tien
Michigan

Dear reader:

1. You can return to China for traveling as long as you have a current I-551stamp of conditional residence in your passport. Such stamp is usually given by the local CIS office where adjudication is delayed in I-751 removal of conditional residence applications.

2. The question of whether individuals can apply for citizenship after three years of conditional residence in situations where the I-751 had not yet been adjudicated has been largely resolved in favor of allowing such individuals to apply. Of course, the applicant for naturalization on the basis of marriage to a U.S. citizen for three years must show marriage for three years, permanent residence status for three years, that the U.S. citizen spouse has been a U.S. citizen for three years, and the couple have been living together for three years. If all conditions are met except for having permanent residence status for three years, the law allows a conditional green card holder to apply 90 days in advance of the completion of three years.

3. I-751 adjudications at the service centers are unfortunately backed up. That is because they are given a low priority by the CIS. Of the four immigration regional service centers handling these applications across the nation, The Vermont Service Center is only adjudicating I-751 cases which it received as of 11/02; the Nebraska Service Center as of 12/02; the Texas Service Center as of 4/03; and the California Service Center as of 4/03.

4. You are obligated to put down all arrests in your N-400 naturalization application. Such arrest may delay processing in both I-751 and N-400 applications - however, it would not have any effect upon the ultimate disposition of your immigration cases inasmuch as you have been found not guilty.

5. You can first look at the processing times of the service centers to see whether the particular service center to which you sent the application is even close to adjudicating cases that were sent in at the same time as yours. In the event that the time has already been reached for your application and you have no result, you can try to contact the immigration service through the National Customer Service Center number at 1-800-375-5283. Hopefully, you will be able to ultimately reach someone telephonically who will be able to assist you.

 

Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.