Asked in Criminal Law and Immigration Law for California

Q: Is there a preliminary background check before uscis sending the I-751 receipt notice with the 24 months extension?

Conditional permanent residents who properly file Form I-751 will receive a receipt notice that can be presented with their Permanent Resident Card, as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.

Assuming a individual who applied for the I-751 has a federal indictment/charge for bank fraud, or a sealed warrant. Will this person receive a receipt notice with the 24 months extension? Is this receipt notice automatic, or there is preliminary background check before sending it?

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1 Lawyer Answer
Alexander Ivakhnenko
Alexander Ivakhnenko
  • Criminal Law Lawyer
  • Wheeling, IL

A: Before approving that extension of the green card, or removal of the conditions in LPR there will be a background check prior . When you face a federal indictment or pending criminal case that will affect that extension of the lawful status 100%.

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