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How can I enlist in the U.S. marines after the EB-5 conditional green card expires?

My EB-5 conditional green card expires in three months, and my family started the I-829, and I heard its going to take six or seven months to get the new green card. The problem is that I am joining the marine corps in six months. My dad told me we will receive a extension letter from the immigration department during the wait time to travel aboard. Will this paperwork still let me enlist instead of the green card?

Answers

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Once you obtain EB-5 conditional resident status you should be eligible to enlist in the U.S. military since you are a lawful permanent resident of the United States. While your conditional green card expires, once you timely file your I-829 petition even though, as you say, it takes a number of months for same to be adjudicated and your unconditional lawful permanent residency is approved, you are still a valid legal resident during that time. It is true that the card itself is issued for 10 years, but that is just the validity date of the card. You become a permanent resident without any conditions. But the important point is you maintain your residency throughout that period of time. In terms of your ability to enlist with your current paperwork, I would simply proceed to apply to the U.S. marines, showing them what you have and insisting that you are a permanent resident of the United States and if questioned, you can say that the conditions will be removed in due course.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    The I-829 will take closer to two years, but you should have gotten a receipt extending your green card for another year. The military hotline may also be able to help you accelerate this and/or naturalize.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    As soon as you file the I-829, that automatically extends the green card for one year; thereafter you can get extension stamps, or temporary green card stamps by going to your local immigration office. As long as the I-829 is pending, you are a permanent resident and will have no trouble joining the marines since you are and will be a permanent resident. The I-829 is taking almost two years to adjudicate.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, you can enlist while waiting for removal of condition from your status.

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