Chicago, IL asked in Immigration Law for Kansas

Q: I am a US citizen. My husband's 2-year green card expired 3 years ago (while overseas). Can he get 10-year card now?

Before his 2-year card expired, we moved overseas together. He now wants to move back but wants to get a 10-year green card. Is that possible?

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1 Lawyer Answer
Jennifer Lynn Cervantes
Jennifer Lynn Cervantes
  • Immigration Law Lawyer
  • Fredericksburg, VA

A: You really need to contact an immigration attorney.

From what I understood from your question: he obtained his green card based on your marriage and obtained a conditional 2 yr. green card. He then left country and remained overseas.

In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. To remove the conditions on a green card based on marriage, you must have filed Form I-751,Petition to Remove the Conditions of Residence.

During this time there were residency requirements, which your husband failed to meet. There may be other remedial measures for your husband at this point but more information would be necessary. You really need to contact an immigration attorney.

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