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What are the steps for abandoning my conditional permanent residency?

My I-829 has been pending for 13 years. Every year I have to schedule an infopass appt to renew my conditional green card and get a new drivers license. This has been a major headache for me, as I cannot become a U.S. citizen. I recently married my wife, who is a U.S. citizen, and applied for an I-485 through her. During the final step of the interview, I was told that there needs to be further review because I already have a green card (even though it is a conditional one through my father). How can I abandon my conditional green card and move forward with the I-485 through my U.S. citizen wife? Do I have reapply for an I-485? If I abandon my current green card, will there be a period where I can''t work in the United States and travel?

Answers

• Dawn M Lurie

  Immigration Attorney

  Answered on March 25, 2014

  This is a very interesting question. It is important to have experienced legal counsel assist with your situation. You should be given the opportunity to abandon your residency, and I wonder if it was requested in your original filing. At this point, I would suggest opening a dialogue with the Office of Chief Counsel at the local USCIS where you been processed. When you applied for adjustment, were you granted work and travel authorization? It should still be valid, but I would not travel before understanding the implications. Finally, one should look at the merits of the original filing to determine the delay and if any possibility exists for approval. I assume it is one of the cases being held for regulations to be issued under PL 107-273.

• Ed Beshara

  Immigration Attorney

  Answered on March 25, 2014

  With the assistance of an experienced immigration attorney, you will send a formal written request to USCIS to withdraw the pending I-829. Once the request is accepted, then your spouse will file an I-130 petition, and you will have to apply again by filing an I-485 application for obtaining residency. If your marriage is longer than two years, then you will revive an unconditional permanent residency. If your marriage is shorter than two years, you will receive conditional permanent residency. Once you file the I-485 application, you will concurrently file your application for employment authorization, and may have to wait up to 90 days before you can obtain employment authorization.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 25, 2014

  You should contact an experienced immigration attorney, such as myself, to advise you on these matters. Under the current immigration laws, you are not eligible to adjust your status in the United States, because you are conditional lawful permanent resident. If you have an advance parole, you might be able to leave the United States and abandon your conditional LPR status at a U.S. consulate or embassy abroad using form I-407, and then reenter the United States under the parole status. You might have to re-file your I-485 so that you are eligible when it is filed.

• Jinhee Wilde

  Immigration Attorney

  Answered on March 25, 2014

  Again, this should be addressed to the attorney who has filed your father''s cases. Since you are not the main investor, there is no I-829 case for you per se. If your father does not wish to go forward with the removal of conditions, then he should file a withdrawal request. I think it would be best if you contact the lawyer who helped your father in the past, or do a detailed consultation with an EB-5 attorney who could look into what is happening with the I-829 application filed by your father. Not knowing what is happening for 13 years is not acceptable.

• Michael E Piston

  Immigration Attorney

  Answered on March 25, 2014

  First, you should be aware that you can avoid the whole issue by applying for an immigrant visa through the consulate in your home country. This would be the best solution in my opinion. An alternative would be for your father to file a lawsuit to order for USCIS to make a decision in his case. I recently filed such a lawsuit for one of my clients whose case, like yours, had been pending for over 10 years, and it resulted in an approval within a few months. You could TRY signing and filing with USCIS a form I-407 and abandoning your conditional permanent resident status, but its generally USCIS policy that it will only accept an I-407 if the person filing it is outside the country. But you could try.

• Stephen Berman

  Immigration Attorney

  Answered on March 25, 2014

  You can withdraw the application for removal of conditions, and when it is approved, adjust based on the I-130. Or you can leave the United States, notify the Department of Homeland Security that you abandoned your status, and get the I-130 issued abroad.