Q & A October 30, 2005
Q & A 1.
Q&A 1.
RIGHTS OF A CHILD TURNING 21 WHO HAS CONDITIONAL RESIDENT STATUS
SINCE PARENT MARRIED TO U.S. CITIZEN
Cui Reader Asks:
I came to U.S. under K2 visa in 9/2000 when I was 18 years old.
My mother married her U.S. fiancé within 3 months and applied
for green card. My mother and I received conditional green cards
in 6/01. In 3/03 (90 days prior to the conditional green cards’
expiration date), we submitted I-751 form to remove the condition
on residence. 8/03, we received a green card delay notice from immigration
and was notified it would have to wait for another 1 or 2 years.
However, as of now, we have not received the permanent resident
cards.
1. I was told since I had turned 21 in 2003 and could not file
application with my parents. Was it the reason affecting my permanent
resident application?
2. Could I file it by myself?
3. Could I apply naturalization 5 years from the date my conditional
green card was issued and without waiting for my permanent green
card?
4. If my application was denied, can I file it again after marrying
a U.S. citizen? What is the proper form to file?
Dear reader:
1 The status of a conditional resident is that of a permanent resident
in all respects except that the green card expires at the end of
two years. As long as the conditional basis is lifted through your
mother's I-751 (petition to remove the conditions on residence)
via joint filing with her spouse, hardship waiver or bona fide marriage
in cases of divorce, or as a battered spouse, you are entitled to
a permanent residence card even if you are over the age of 21 so
long as your mother married before you turned the age of 18 and
you were either included in your mother's I-751 filing or you filed
your own petition for removal of the conditional basis.
2 A conditional resident child is able to file an I-751 petition
by himself or herself, but the adjudication will depend upon the
resolution of your mother's case. By law, a dependent must file
alone if his/her entry was more than 90 days after the parent's.
Where the child's entry is within 90 days, the I-751 removal application
can be filed at the same time as the parent's.
3 You can apply for naturalization five years from the date of
your conditional residence card (an application can actually be
accepted up to 90 days before the five-year mark), but a final adjudication
on the naturalization will not occur until U.S.C.I.S. decides on
the I-751 removal petition. In these situations, U.S.C.I.S. attempts
to have the I-751 adjudicated prior to the date of the interview
for naturalization.
4 If the removal petition is denied, you can apply for permanent
residence through marriage to a U.S. citizen yourself, but you are
not eligible to adjust status in the U.S. and must interview for
residence at the appropriate American consulate or embassy in your
home country. (That is because individuals coming to the U.S. under
K-1/K-2 statuses are eligible for adjustment of status only through
marriage with the K visa sponsor.) In that case, your husband would
file an I-130 (petition for alien relative) on your behalf with
the request that it be forwarded to the particular consulate or
embassy in the home country. You should be aware that an American
embassy or consular officer may be concerned as to whether your
stay in the U.S. was illegal and invoked the 3 or 10 year bars against
returning to the U.S.. The Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 imposed 3 and 10 year bars against return
upon most individuals who have stayed in the U.S. illegally for
180 days or one year respectively after April 1, 1997 .
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