My Temporary Permanent Resident Card Expires on April 23, 2017. What is the Earliest Month I can Apply for the Removal?

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What's the Earliest Month that I can apply to Remove my Temporary Status on my Permanent Resident Card?? Is it December 23rd of this 2016 year? OR do I have to wait till January 23, 2017. In other words, is April considered a part of the 90 days they require you to apply for the 10 year permanent resident card or not? In this coming January 8th we will be married for 4 years. Yet when I arrived in 2015, they issued me a temporary status visa? Thanks for your help!

Attorney Answers

4
Adan Vega ·
The FORM I- 751 can be filed 90 days prior to the second anniversary of the issuance of the conditional resident status. In your case, that will be January 23, 2017. Under certain circumstances ( i.e. if you have divorced) you are allowed to file earlier.
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Wendy Barlow ·
You may file a Form I-751up to 90 days before your conditional green card expires. To calculate the earliest date you can file, subtract 90 days from the expiration date on your conditional green card.
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Samuel Serrano ·
You can file at the earliest 90 days before your conditional card expires. 04/23/2017 minus 90 days= 01/23/2017.
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Michael Alexander McvickerImmigration AttorneyHerndon, VA ·
The earliest date on which an I-751 Petition may be filed is 90 days before the expiration date on the two-year Conditional Permanent Resident Card. If you believe that you were issued a two-year Conditional Permanent Resident Card in error because on your admission date into the United States as a Permanent Resident you had already been married for more than two years, then it may be the case that you should be filing an I-90 Application for a new Permanent Resident Card instead of an I-751 Petition. You are advised to schedule a consultation with an immigration lawyer prior to making any final decision on which form to file with the USCIS.
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