Renewing or replacing a ten-year card
Form I-90 is generally used to renew or replace a permanent resident card in the circumstances covered by its instructions. An expired ten-year card does not by itself terminate permanent resident status, but it can create practical problems with travel, employment verification, or proof of status.
The correct filing reason depends on whether the card is expiring, lost, incorrect, or affected by another issue. Keep copies of the card, receipt notices, and prior approvals. The evidence that temporarily extends proof of status depends on the filing and the notice actually issued.
Removing marriage-based conditions
I-751 removal of conditions applies to qualifying marriage-based conditional residents. A joint petition is generally filed during the 90 days before the two-year conditional residence period expires. It is not replaced by an I-90 renewal.
The petition must show that the marriage was entered in good faith. Shared financial and household records, insurance, family records, and other evidence should reflect the relationship over time. A divorce or abuse situation may support an individual waiver filing if the legal requirements are met. Different timing rules can apply to waiver requests, and a late filing requires extremely careful review and preparation.
Divorce and abuse do not mean the same thing
A good-faith marriage that later ends in divorce may support a waiver once the termination requirements are met. A battery or extreme cruelty waiver has different elements and does not require the same showing as an ordinary joint petition. An extreme hardship waiver is another distinct basis.
The evidence should match the basis actually requested. Abuse can be documented through a range of credible records and accounts; there is no single required police report that fits every case. Investment-based EB-5 conditional residents use a different process, generally Form I-829, which requires demonstration of compliance with the EB-5 investment program requirements through the period of continuous residence.
Reentry permits and residence abroad
A reentry permit may help a lawful permanent resident document an intended temporary absence from over 6 months up to multiple years. The applicant generally must be physically present in the United States when Form I-131 is filed and must comply with biometrics requirements, but is not required to wait in the United States while the application is pending. Even an approved permit does not guarantee readmission to the United States or eliminate the possibility of a future finding of abandonment of U.S. residence.
Long trips can also affect naturalization’s continuous residence and physical presence requirements. A reentry permit does not automatically preserve those requirements. A full consideration of the applicant’s objectives is critical, taking into account any intention to apply for U.S. naturalization in the future. Moro Legal can review the reason for travel, expected duration, ties to the United States, and filing deadlines before departure.
