I-751 Question...

[Bushmaster]

Folks, is it possible to submit a I-751 without the actual 2 year conditional greencard? It has been 7 months but I haven't received my actual greencard and I am not that hopeful that I will get it in time, I will be moving and there will be address changes etc. I am just wondering the scenario in that case, I am supposed to file the I-751 but there is no greencard, how is that possible? The instructions on the form says "you must include photocopy of your actual greencard"

Thanks...

[Bushmaster]

Folks, is it possible to submit a I-751 without the actual 2 year conditional greencard? It has been 7 months but I haven't received my actual greencard and I am not that hopeful that I will get it in time, I will be moving and there will be address changes etc. I am just wondering the scenario in that case, I am supposed to file the I-751 but there is no greencard, how is that possible? The instructions on the form says "you must include photocopy of your actual greencard"

Thanks...

[josephine schmo]

Hi J!

I am wondering if you read my post today about the date on hubby's conditional green card being different than the interview date.

Because of background check delays, hubbys C.G.C. was approved two months after the interview. NOA and passport stamp are same later date.

I would have filed two months too early if I had not happened to look at his C.G.C. the other day.

Anyhow, you still have time before filing, over a year. Maybe you will have the C.G.C. by then. If not, file with a letter of explanation, hopefully, they won't send it back.

[Bushmaster]

Hi Jo,

No I must have missed that post, haven't been here lately.

Oh I could care less about the date on their freaking plastic card they will send to me, I know when I got adjusted which is Nov 2003, I have it on the new Temporary I-551 Card (I-94 with a pic on it) I got yesterday from Sioux Falls Office.

That was hard to get that too, everyone wants you to get a new freaking passport. I can not get one for God's sakes, gotta vent off a little bit here ...

Hopefully they won't send it back, 3 months before we are good to apply for I-751, I will be sending my natz app in, that is my whole concern!!

[josephine schmo]

I thought you had to wait till the following year to file N-400? (3 years LPR based on marriage to USC)

I hope everything is well with you, Bud!

[Bushmaster]

No it is the INA 329 thing, military hostilities waive the 3 year residency period.

[Bushmaster]

Yea well, leaving in 3 weeks

[josephine schmo]

I just read how you can in other thread.

I watched "Firebirds" twice recently. Have you ever been in a sim and used the lense?

[Pasha Patel]

Hi Bushmaster ...

That's interesting ...! I haven't read such case anywhere ... but I believe you have A # on passport with I 551 stamp... that one u might use ... it took such a long time in your case to receive actual GC...

I guess sammy, mohan or bronzlady might answer ... good luck...

[Ghost]

How are you going about filing with INA 329. What steps are you taking?

[SAMMY]

Bushmaster:

If you will be filing N-400 under sec. 328 or 329 of INA [but I think you fall under sec.328 unless I don't know the complete status of your services in the Military], then it is true that you are exempt from the Continuous Residence [ about being a LPR for either 5 or 3 yrs] and Physical Presence Requirements [about living half of the time within the U.S. out of either 5 or 3 yrs]. However, you are not exempt from the Good Moral Character, Knowledge of English Language, and Civic Knowledge requirements. And you will be happy to know that your application will be adjudicated VERY FAST, since INS has a special and speedy rule of handling N-400 for Military personnel. And you will not be required to pay any processing fee for N-400 if you will file the application on or after October 1, 2004. Unlike general applicants, you will need to submit G-325B [Biographic Data Information Form] and certified N-426 [Request for certification of Military or Naval service] along with your N-400 to Nebraska Service Center.

In the absence of having actual plastic green card, obviously you won't be able to submit photocopy of its since you don't have your green card in your possession yet. What you need to do then is- just write a letter explaining about this, and attached at the top of your application. But make sure to write the subject heading in red link and with caps, so that whoever will receive your application, can see why you haven't included the copy of your actual green card. Copy of actual green card, the plastic one, is required just to verify A #, the date of becoming LPR, and visa number and category, but if you will write A# and the date of your becoming LPR very legitably then not submitting this, won't be a big deal though. It won't be a problem at all.

Take care. Good luck.

[Bushmaster]

***but I believe you have A # on passport with I 551 stamp... that one u might use ... it took such a long time in your case to receive actual GC... ***

Hi Pasha, yes, the IIO told me that for some reason the application to produce the actual card is sitting in the District Office, it seems like they forgot about me, oh well, thank God for the military, I would not even have even gotten a new Temp I-551 card with my pic on it yesterday. So right now I have a I-551 card with a pic and fingerprint on it, it is just not plastic, it is a I-94

***How are you going about filing with INA 329. What steps are you taking?***

Hey bud!, INA 329 says that I am eligible for natz when I am in active duty on or after September 11. All I gotta do is to go to Personnel Dept, JAG or such place on base and start the process

***If you will be filing N-400 under sec. 328 or 329 of INA [but I think you fall under sec.328 unless I don't know the complete status of your services in the Military]***

Hi Sammy, I can apply under both, but currently 329 is active due to an EXECUTIVE ORDER (later to be terminated but I believe Kerry might terminate it, if he is elected to the office)

INA 329 is shortly;

Sec. 329. [8 U.S.C. 1440]


(a) Any person who, while an alien or a noncitizen national of the United States, has served honorably as a member of the Selected Reserve of the Ready Reserve or 1/ in an active-duty status in the military, air, or naval forces of the United States during either World War I or during a period beginning September 1, 1939, and ending December 31, 1946, or during a period beginning June 25, 1950, and ending July 1, 1955, or during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and who, if separated from such service, was separated under honorable conditions, may be naturalized as provided in this section if (1) at the time of enlistment, reenlistment, extension of enlistment, 1/ or induction such person shall have been in the United States, the Canal Zone, America Samoa, or Swains Island, or on board a public vessel owned or operated by the United States for noncommercial service, 1/ whether or not he has been lawfully admitted to the United States for permanent residence, or (2) at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence. The executive department under which such person served shall determine whether persons have served honorably in an active-duty status, and whether separation from such service was under honorable conditions: Provided, however, That no person who is or has been separated from such service on account of alienage, or who was a conscientious objector who performed no military, air, or naval duty whatever or refused to wear the uniform, shall be regarded as having served honorably or having been separated under honorable conditions for the purposes of this section. No period of service in the Armed Forces shall be made the basis of a application for naturalization under this section if the applicant has previously been naturalized on the basis of the same period of service.


(b) A person filing an application under subsection (a) of this section shall comply in all other respects with the requirements of this title, except that-


(1) he may be naturalized regardless of age, and notwithstanding the provisions of section 318 as they relate to deportability and the provisions of section 331;


(2) no period of residence or specified period of physical presence within the United States or any State or district of the Service in the United States shall be required; 2/



(3) service in the military, air, or naval forces of the United States shall be proved by a duly authenticated certification from the executive department under which the applicant served or is serving, which shall state whether the applicant served honorably in an active-duty status during either World War I or during a period beginning September 1, 1939, and ending December 31, 1946, or during a period beginning June 25, 1950, and ending July 1, 1955, or during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and was separated from such service under honorable conditions; and 2/



(4) 2/ notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing a petition for naturalization or for the issuance of a certificate of naturalization upon citizenship being granted to the applicant, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected.



(c) 3/ Citizenship granted pursuant to this section may be revoked in accordance with section 340 if the person is separated from the Armed Forces under other than honorable conditions before the person has served honorably for a period or periods aggregating five years. Such ground for revocation shall be in addition to any other provided by law, including the grounds described in section 340. The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation. Any period or periods of service shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service.


So I qualify under the EO, if the EO was not there, then 328 which would make me wait a year more.

I will remember your advice about copy of plastic card too, I believe my TEMP I-551 would work replacing the plastic.

Thanks folks...