Do you have a Denied I-90 Filing because you filed the wrong form? This is a common error for many Green Card holders. When you look online, you see that the USCIS form I-90 is the renewal form for when a green card is about to expire. What is commonly overlooked is that a two-year (conditional) green card has a condition that when it is close to expiring USCIS form I-751 must be filed to convert the 2-years Green Card to a 10-year Green Card.
If USCIS provides a denial notice for the I90 filing, the notice should also state that the green card holder is required by law to file the I751. The I751 focuses on the underlying marriage that provided the two-year green card. USCIS evaluates the time period after the green card was first issued, usually two or three years prior at the point of an I-90 Denial. Now, there are two scenarios that can occur.
First scenario, only the I-751 may be filed with USCIS, which the outcome would be a 10-year green card received anywhere between one and four years later after filing. The I-751 process is extremely slow, and the processing times can be found here (USCIS Processing Times).
Second scenario, if you are still married to the United States citizen that provided sponsorship and petitioned the green card, and the marriage is still loving and prosperous, you may consider filing the I-751, receive the I-751 18-month extension, and then filing for N-400 naturalization. In order to qualify for naturalization, a green card holder must have held their green card for a period of at least three years if the green card was received due to marriage to a US Citizen and the marriage still exists and is prospering after three years. In this scenario, instead of waiting many years for the I751 to process, the processing time depends on the N400 filing. In some jurisdictions, like in USCIS Raleigh Durham Field Office, a naturalization filing can occur within a handful of months. When you compare a few months of processing time to the possibility of waiting 1 to 4 years, it may be more beneficial just to become a United States citizen and be completely done with the immigration process.
If you have received an I-90 Denial, please feel free to contact our Immigration Law Firm to schedule a consultation to determine the best Immigration route.
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