Will I need to go to an interview?
Historically all marriage-based green card applicants were required to attend a USCIS interview to talk about their relationship and eligibility for a green card. Recently, I learned that USCIS is approving some marriage-based green card applications without an interview. However, I have never had this happen in my cases. At this point, you should plan that you’ll have a USCIS interview if you file a marriage-based green card interview.
For other case types, such as a green card for the parent of an adult US citizen, most of my cases do not have interviews. Also, many employment-based green card cases are approved without an interview.
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Renewing your conditional green card (or “removing the conditions on your residence”) requires you to file Form I-751 with your US Citizen spouse**. You must file Form I-751 in the 90 days before the expiration of your conditional card. Do not file it early–it may get rejected. If you file late (that is, after the expiration of your conditional green card), you will need to submit an explanation of why you filed late and convince USCIS that there was “good cause” for your lateness.
Renewing your conditional green card (or “removing the conditions on your residence”) requires you to file Form I-751 with your spouse. If you are no longer living together, your spouse can still support your application to renew your conditional green card by signing Form I-751 and providing information and documents for the application. If you are separated, you should explain to USCIS what happened with the relationship.
Generally, no. You cannot choose which USCIS will process your case. USCIS determines this by where you live at the time of filing the application. Some USCIS applications are processed at centralized offices, such as the National Benefits Center, the California Services Center, and the Vermont Service Center. Until USCIS sends you a notice about the case with information about which central office has your case, it is often difficult to know where your case is. Certain types of applications are always processed at the same place, but other applications are processed in different offices based on the workload of the various offices. You can call USCIS’s hotline to ask where your case is processed if you did not receive a receipt notice or you think that the case may have been transferred.
An RFE is a Request for Evidence. USCIS sends RFEs after you have filed an immigration application. If USCIS needs information or documents that you did not include in your application, USCIS will send you an RFE. Sometimes, however, USCIS makes a mistake and requests information or documents that you’ve already submitted. Even if USCIS made a mistake, you still must respond to the RFE before the deadline on the RFE. At our firm, we receive many mistaken requests, and we respond to the RFE with an explanation that the information or document was already included, we submit a new copy of the document, and we ask USCIS to return to processing the application as soon as possible. We also note that the RFE caused an undue delay and that we’d like the case expedited.
This week one of our clients became a US citizen in less than three months. She had been a permanent resident for more than 5 years and decided that it was time to take the next step in her immigration process. We immediately began to work with her and submitted a strong application to USCIS on her behalf. She was scheduled for her Naturalization interview within 3 months. Our attorney prepared our client for her naturalization interview and went with her to the interview. The attorney was with our client through the whole interview process to make sure everything went smoothly. Our client’s naturalization application was approved the same day. She is now a United States citizen, in what we consider record time.
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