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10 year green card and 2 year green card

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  • 10 year green card and 2 year green card

    I have received my green card. It was only for two years. I have been told different answers by different attorneys now whether I should have received the 10 year green card.

    CR1 Visa date is February 4, 2014.
    I was married on April 12, 2012
    I entered the United States on July 20, 2014
    The date on my Green Card is July 20, 2014

    I had one recent attorney say that I should have received the 10 year green card because I was married for over two years when I entered the united states. Other attorneys have said that it is the date when the embassy approved my CR1 visa. As you can see, I was only married for a 1 year and 10 months when I received my CR1 visa from the embassy (this was the date of my interview)

    Any help someone can provide would be appreciated.

  • #2
    I just received the following response. I would like to see if there are any other's out there with different thoughts

    I'm having to do additional research and it seems that there are two schools of thought. Some that say like myself that it is when the visa is issued, not when the person enters the U.S. Other say it is when the person enters the U.S. to be admitted as a Resident. There are arguments for both sides. Imagine a person that enters before the 2nd anniversary, get's their green card and then leaves again and come back after their 2nd anniversary. They are asking to be admitted again on the green card but this time asking to get 10 year status. That would be an argument on that side. On the other side it would be that the person has not been admitted the first time and thus a green card has not been issued until the first time. So unfortunately, since there are arguments on both sides. I say that the Residency was approved the day of the interview and that's what controls. Others say that it is the day of first admission into the U.S. that controls. The bottom line is that if you want to make sure, I would make an Infopass appointment to speak to an immigration officer in person. It is free and if they do not know, ask them to speak to a supervisor. The field offices often have very knowledgeable officers on staff. If they say it is the entry that counts, they would most likely have you file an I-90 that the Service will charge to them so that it is no cost to you and a replacement 10 year card would be issued.

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