This topic is very specific since it intermingles the following items:
However, let’s first tackle basic descriptions, and then we will dive into the topic:
Confusion about the I-90 and I-751 is common, and many Green Card Holders wind up wasting money on an Immigration Filing that does not apply to them. USCIS has attempted to resolve this issue by creating an Electronic Filing option for the I-90 filing, which would notify potential filers of this issue. However, the issue still persists with individuals filing an I-90 by paper.
Both the I-90 and I-751 now issue automatic extension letters with the receipt of the immigration filing:
This automation (automatic extension) was extremely helpful and remedied a big issue that required hundreds of thousands of applicants each year to venture to a local USCIS Office to request a 1-year Green Card Extension Stamp. With automation and its positive effect, comes the negative effects:
Reliance on an Invalid Extension Letter is not a good argument. US Immigration operates on the notion that the Immigrant “should know what to properly file.” In the instance where an immigrant makes a mistake, normally they are out the I-90 filing fee. However, when travel abroad has occurred, you then find yourself in the situation of:
The I-751 can be filed late and stating that an I-90 was erroneously filed is a common reason / common mistake.
The downside if abroad, the I-751 is paper-based and mailing in the form can be expensive (considering international mail fees) and time-consuming. The I-751 receipt notice can take a few weeks to arrive, and the notice would have to go to a US Address and/or someone would need to check your mail and send you a copy of the notice or the original notice in order to allow a return to the US as a Green Card Holder.
The I-751 MUST be completed since ONLY the I-751 would be able to give the 24-month extension. The I-131 Filing and a Foil would not be generally available, but it could be helpful to speak with the local US Embassy or Consulate for some guidance.
If you need assistance filing an I-751 filing, please schedule a consultation with our office, Fickey Martinez Law Firm, P.L.L.C.
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The post Common Immigration Question: Invalid I-90 Green Card Extension and Traveling Abroad appeared first on Fickey Martinez Law Firm.
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