Folinskyinla

Originally posted by sunn

    > i know that 3 months before your conditional residency expires you
    > apply for legal permanent residency. how long then until this is
    > approved?

    > thank you for any info.



Hi:



First -- on the pedantic side -- the so-called 2 year green card IS
"lawful permanent residence." This is because so many things in the law
[within and without immigration law] are dependent upon that status.
However, no grant of "permanent" residence is all that permanet -- it
can change and be lost. In the case of marriage, the intial grant of
"permanent residence" for a marriage less than 2 years old is subject to
a "condition" that a second application be filed to "remove the
condition."



Second -- on the how long question, the answer is quite easy -- the
length of time is the amount of time that elapses from the date of
filing until the date of ultimate approval. This can be by the Service
Center, the District if the case is referred out for interview, or by
the Immigration Judge if a denied I-751 is renewed in removal
proceedings. In my experience, this has been between 4 days [an
extraordinary occurrenche which surprised me no end] and eight years.
My experience has been all over the planet.



However, take note that while an I-751 is pending, you REMAIN a "lawful
permanent resident" with all the rights that that status entails --
employment, right to remain, even the right to file for naturalization
at the proper time. [BTW, I've had marriage cases naturalize under
319(b) during the conditional period and who therefore never filed the
I-751 at all].

Sunn

Originally posted by Folinskyinla

    > Hi:


    > First -- on the pedantic side -- the so-called 2 year green card IS
    > "lawful permanent residence." This is because so many things in the
    > law [within and without immigration law] are dependent upon that
    > status. However, no grant of "permanent" residence is all that
    > permanet -- it can change and be lost. In the case of marriage, the
    > intial grant of "permanent residence" for a marriage less than 2 years
    > old is subject to a "condition" that a second application be filed to
    > "remove the condition."


    > Second -- on the how long question, the answer is quite easy -- the
    > length of time is the amount of time that elapses from the date of
    > filing until the date of ultimate approval. This can be by the
    > Service Center, the District if the case is referred out for
    > interview, or by the Immigration Judge if a denied I-751 is renewed in
    > removal proceedings. In my experience, this has been between 4 days
    > [an extraordinary occurrenche which surprised me no end] and eight
    > years. My experience has been all over the planet.


    > However, take note that while an I-751 is pending, you REMAIN a
    > "lawful permanent resident" with all the rights that that status
    > entails -- employment, right to remain, even the right to file for
    > naturalization at the proper time. [BTW, I've had marriage cases
    > naturalize under 319(b) during the conditional period and who
    > therefore never filed the I-751 at all].



thank you so much for your help and info.

so when can you apply for naturalization if you don't have to wait until
the 'conditional' is removed?

Jeffreyhy

sunn,



There is an excellent Guide to Naturalization on the CIS web site, easy
to follow.



The over-simple answer is 3 years from the date that you are granted
PR status.



Regards, JEff



Originally posted by sunn

    > thank you so much for your help and info.

so when can you apply for naturalization if you don't have to wait until
the 'conditional' is removed?

Sunn

Originally posted by jeffreyhy

    > sunn,


    > There is an excellent Guide to Naturalization on the CIS web site,
    > easy to follow.


    > The over-simple answer is 3 years from the date that you are granted
    > PR status.


    > Regards, JEff



thank you so much.

what happens if after you and your spouse apply for you to get the
conditional removed on your perm. resid. status and then a year or so
down the track you're still waiting for the application to be approved
and the marriage ends?

do you have to leave the country?