HELP on status adjustment

[Stevie]

Hi all,

sure hope someone can answer this for me.
My wife got her 2 yr temp green card on June 2003, which expires in June 2005. We are filing the forms for status adjustment in March 2005. However, I'm not sure how long the process takes before she can get her 10 yr green card. From March to June is only 3 months and her temp green card expires on June 2005, so will she be considered illegal during the wait time? Can anyone shed any light? Thanks so much.
-Stevie

[Stevie]

Hi all,

sure hope someone can answer this for me.
My wife got her 2 yr temp green card on June 2003, which expires in June 2005. We are filing the forms for status adjustment in March 2005. However, I'm not sure how long the process takes before she can get her 10 yr green card. From March to June is only 3 months and her temp green card expires on June 2005, so will she be considered illegal during the wait time? Can anyone shed any light? Thanks so much.
-Stevie

[Lucy]

after you file form I-751 no earlier than 90 days before the expiration of the conditional card, and no later than the day of the expiration, she will get a letter notifying her that while I-751 is pending her status is extended for a year.

That letter and her unexpired passport is all that she needs for the next year. If I-751 has not been approved within that year, she should go to the local INS office and get another extention. Good luck!

[swissnut]

No, she won't be considered illegal. She should receive a notice extending her Temporary Green Card and working privileges for the estimated time USCIS anticipates it will take to adjudicate, upon receipt of your I751 in March 2005. Usually they instruct in that notice that if she has not heard anything within 6-8 months of the notice to contact USCIS, in order to extend the GC further, as Lucy says.

[sphyrapicus3]

One doesn't need to get the green card extended after the year as Lucy and swissnut have indicated. The status is good until the I-751 is adjudicated, however long that takes. The only reason one might need to get an additional stamp is if the alien wanted to travel or needed it for employment reasons.

See for more details: http://uscis.gov/graphics/lawsregs/h...ensn120203.pdf

[swissnut]

Thanks for the clarification, sphyrapicus. I know the notice declares that an extension has been granted for one year. Was not sure what happens afterwards.