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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7886
Experience:  Experienced in all aspects of immigration and nationality law.
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How do i know if I am a conditional resident or not?

Resolved Question:

How do i know if I am a conditional resident or not?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

The easiest way to know is by looking at your current, valid green card.

If it is valid for only 2 years, then you are a conditional resident, and the request to remove conditions must be removed before it expires.

If it is valid for 10 years, then you are a permanent resident.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 1 year ago.


It was valid for 10 years. It just expired early this month.


 


Since I got my card under E34 category status, I don't recall or ask my ex where he applied for our green card (Form I-90, Part 3, line 3), the location where the visa was issued (line 4). We both entered with H-1B by the same employer back in 1996. We had the interview at the US consulate in Germany. I think I left the US and used Tijuana/CA border as POE when the change of status from H-1B to green card occured.


 


How critical is those information applying for renewal?

Expert:  Expert James replied 1 year ago.
Hi Mita,

If you got a green card through employment (even your ex-husband's) then you never wee a conditional resident. That only happens if you get a green card because you married a US citizen or green card holder.

I'm not sure I understand. Why would you leave the US to comeback and get a green card? If you were in the US legally (on H1B) when the adjustment of status happened, then you could have stayed in the US and applied for adjustment of status from H1B to permanent resident (green card holder). without having to leave the US and return.

Are you sure you and your husband did not file form I-485, Application for Adjustment of Status at any time you were in the US?
Customer: replied 1 year ago.

Sorry if I made my case sounded more complicated than necessary.


 


Our H-1B expired in June 2011 before our green card was accepted. We waited a few more months, and I believe the status change did occur from H1B to green card as you mentioned. However, our attorney back then told us to leave the US and re-enter just to get our passport stamped. I don't remember the exact terminology, but it was something to do with applying for our green card through the US consulate in Germany instead of the Secretary while we still lived in the US.


 


I just don't know how to answer the questions and complete Form I-90. I'm reluctant to contact the ex for additional information.

Expert:  Expert James replied 1 year ago.
I see. So you would not have been in lawful status from which to adjust your status, so you did it through consular processing. Got it. Thanks for the clarification.

So did you have another interview with an embassy or consular officer after you left the US and returned? Did you have a medical examination for the green card? If so, where did that take place?
Customer: replied 1 year ago.

I did have two interviews at the US consulate in Germany only because during the first interview, they discovered that I lived in the UK and Portugal prior to moving to the US, and our attorney did not tell me to come up with any douments for that interview. I did have a medica exam and submitted X-ray, etc. through the US consulate. They asked to bring those with me for the first interview. I brought the proof of (no) criminal records, etc. in the UK and Portugal for the second interview. It was very short.


It was more than a year after our visits to Germany that we finally got a green card approval. I don't think I had any "interview" at the Tijuana/CA border. It was just like going through a passport control at the airport.

Expert:  Expert James replied 1 year ago.
Mita,

Please note that your first question was about how you know if you were a conditional or permanent resident, and I answered that in my very first response. I don't mind continuing to help you, but it is important that when you ask questions in the future, you ask all of your questions up front, so the Expert can be prepared. Thank you for your understanding.

Now to continue with this problem, this is all very confusing.

You went to the embassy/consulate in Germany for the H1B and H4 process and interview. The H1B visa was approved, so you came to the US on H1B. Then your husband found an employer to sponsor him for a green card through employment. But the H1B expired so you left the US. The employer for the green card got everything approved, and then when your husband was eligible, you applied for employment based immigrant visas at the UK consulate. You did the interview and medical exams in Portugal and the UK. It eventually was approved. You turned in your passports and got a visa issued to you. You used that visa to travel to the US. A few weeks later, you received your actual physical green card in the mail.

Do I have it all right so far?

Do you still have the visa foil/stamps and entry stamps in an old passport that you had when you got the green card?

Also, the interview in the UK for the visa, what processing was that for? And the additional one in Portugal?

After you left the US, but before you came back with a new visa to get your green card?

Also, I just want to be clear that it will not be dispositive of your I-90 to not have this information. It just makes things easier and saves some time and effort for the USCIS if the information is provided. But if it is not, the application still can be approved. The information is in your USCIS record. This just makes it easier for them if you provide the information.
Customer: replied 1 year ago.

Thanks a lot for your expert help.


 


One change from your statement. We did not leave the US because our H1B expired. We stayed instead and got a few months extension while waiting for our green card approval in form of letter to arrive. As you mentioned, the card itself arrvied after a few weeks of the letter.


 


I had the Tijuana/CA border stamp when I first entered the US as a legal permanent resident.


 


Maybe I did not have to mention the UK and Portugal. It really has nothing to do with my renewing my green card this time. It was to clarify I had two interviews at the US consulate in Germany.


 


I assume they have all the info they need in my USCIS record. If they need further info., they will either contact me or look them up.

Expert:  Expert James replied 1 year ago.
Mita,

And you are right. They have everything they need, attached to the A#. However like I said, it makes it easier for them to get the information from you.

Why did you have two interviews in Germany? What was the purpose of each of those?


Expert:  Expert James replied 1 year ago.

Mita,

Generally, I don't do this, but I'm not sure if you've received the answer you sought, since we've been going back and forth with questions and information requests, but sometimes questions are answered. So in case I was not clear, yes, you are right. The USCIS has everything it needs, attached to your A#. It makes it easier for them to get the information from you.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!

Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7886
Experience: Experienced in all aspects of immigration and nationality law.
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