I always receive questions from newly granted conditional residents if they can petition their children even if they were not yet granted the removal of conditional residence. The answer is “yes”. Many immigrants are having problems with regards to aging out of their children. This is because the processing time for green card is usually lengthy. Once a person is granted a Conditional Permanent Resident card, she acquires all rights of a Lawful Permanent Resident. She can file a petition for her unmarried children, she can travel and work and stay legally in the U.S. The only difference is that she will have to remove the condition in her residence within two years. But you do not have to wait for your permanent resident card to start filing a petition because it will take about 3 or five years later, and the children may reach 21 years of age by that time. So, the best strategy is to file a petition for children as soon as you receive your conditional residence card.
In addition, there immigrants have a common question whether if their children are in the United States and they want the children to study in the Philippines, the question is how long should the children be in the United states before the children can go back to the Philippines. This problem is just a matter of choosing whether the children will apply for a reentry permit to allow them to stay continuously for two years in the Philippines or to keep the children travelling every six months to the U.S. There is no restrictions on how frequent Permanent Residents can travel. They can travel as many times as long as they stay in the U.S. for 181 days in one year.
Conditional Permanent Resident need to file the Form I-751 within 90 days of the expiration of your card to remove the condition on your residence.
How long is the processing time for Form I-751?
The processing time in California Service Center for I-751 is about 18 months. In many cases it takes about two years or more. Lately, the USCIS extended the validity of Conditional Resident Card for another 48 months. Therefore, five years waiting is in the horizon.
Since the processing time can take between 18 months or longer it is better to file a petition for your unmarried children as soon as you get your conditional residence card to avoid aging out.
Note: This is not legal advice. You need to consult with an immigration attorney to analyze the specifics of your case. Our law firm have 25 years of experience in immigration law since 1999.
IMPORTANT ANNOUNCEMENT
- PETITION FOR CAREGIVERS
Our Law Firm entered into agreement with Care Home Facilities in the U.S. to process applicants for Caregivers in the US
You may qualify if you six months experience as Caregivers
Applicants Inside the United States or in the Philippines or other countries may qualify.
Bankruptcy Basics
We also process Bankruptcy cases.
- Bankruptcy will actually improve your credit within one year because your unsecured debts are discharged. Although the bankruptcy will be in your records for 10 years, not filing bankruptcy will make your credit even worse until most of your debts are paid.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: [email protected] Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.
