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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109038
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I currently hold a 2 year conditional green card via marriage.

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I currently hold a 2 year conditional green card via marriage. My work also filed the
I-140 which was approved and my priority date for adjustment of status is now. Which is now easier? Should I wait another 2 years to remove the condition and file the I-751 or ask my work to go ahead and file for the 10 year employment based Green Card. Please advise.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.




Is your marriage a good marriage and you are still planning to continue living together and building a life together?
Customer: replied 3 years ago.

The answer to your question is yes. The only reason why I asked was that with the work sponsorship I do not have to do any interview, just file the paperwork and I will have my 10 year green card within 6 months. But with the removal of condition for my current and new green card; I will again have to do biometrics, come up with more proof, possible a next interview and waiting approx 2-3 years from now to get the 10 year.

Well, that doesn't mean that you will not have an interview through the employment process. You will. It just won't be an interview where you would have to prove a marriage is real. Where work Residencies go wrong are if the financials are out of order or some requirement was not met by you or your employer. But with an approved I-140, the risk of that is much lower. Filing through work will be easier but you should continue to work for that employer for at least 6 months after your green card is approved through that employment. If you have no problem with that, then do it through employment. If something goes wrong, you can always do it later through your spouse and perhaps your marriage will be closer to 2 years old at that time and then you would get a 10 year green card instead of a conditional green card. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 3 years ago.

Many thanks for you reply. One final question in regard to you answer. I already have the conditional 2 year green card. Can I still go ahead and apply for the 10 year through work employment?

Well, that's a problem. Sorry about that. It's that many questions are coming in at the same time and when I originally read your question, I had that in mind but then when you responded an hour later I had already answered a few other questions of other customers and it slipped my mine. The problem with you filing an I-485 through employment now is that they will not approve it because you already have a Residency status. You would have to file just before your current green card expires and then you might be able to get it approved. But if you file an I-485 now and there is more than 6 months left on your current green card, they won't approve a new I-485 because you already have Residency status. So your timing would have to be right. It may end up being easier and less of a mess to just file the I-751 to remove the conditions within the 90 days before your green card expires. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
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