Removing Conditional GC

[arangoon]

My aunt she received 18 months of extension on her conditional green card. She recently applied for removal of conditional green card. Her receipt shows, the validity from her original green card which isn't true.

Is her 12 months eligibility from the date we applied (at the expiration of initial 18 months extension)?

Just making sure before she travels.

Thanks

[newacct]

Your post is confusing. If she files Removal of Conditions jointly with her spouse on the basis of remaining married, she must file the I-751 for Removal of Conditions within the 90-day window before her 2-year card expires. The I-751 receipt that she gets at that time doubles as an 18-month extension letter -- meaning that the expired green card plus the I-751 receipt together serve as proof of permanent residency until 18 months after her green card expired. So did she just file I-751 for Removal of Conditions (meaning that her 2-year green card is soon expiring or just expired)? Or did she file I-751 about 18 months ago?

[arangoon]

First of all, thank you for responding.. Apologize for the confusion..

She filed for 751 18 months ago when her spouse was alive. Her 18 months expires end of July 2021 and since she didn't receive the permanent card yet, she had to apply for another extension (751). Which she received for 12 months. I am assuming this 12 month extension is from the end of July 2021 and she is OK to travel with this document, correct?

Thank You again.

[newacct]

I think you confused some things. She just files for I-751 once; she does not file I-751 again. What she probably did was get an InfoPass appointment at a local USCIS office for an I-551 stamp on her passport as proof of permanent residency in the meantime. This ink stamp is equivalent to a green card (which is also an I-551), and is usually valid for 12 months. (Although she remains a legal permanent resident as long as her I-751 is pending, she no longer has proof of that status after the extension letter expired, so it's convenient to get the I-551 stamp as proof of status if she needs to leave and re-enter the US.) Yes, she can re-enter the US with the I-551 stamp.

[arangoon]

I have the I-797 in front of me.. 1. The first one filed was I-751 Petition to remove conditions on Residence. And she was given 18 months from the expiration of I-551. Which expire in July 2021. 2. The second one shows I-90 Application to replace permanent resident card. This notice shows that this message. "This notice, together with your Form I551, Permanent Residence Card provides evidence of your lawful permanent resident status for 12 months from the expiration date on the front of your permanent resident Card". The above line is confusing. Is the validity of these 12 months from the end of the 18 months extension or the actual date on the Permanent Resident Card (which is already passed ..).. Hope this helps. Thanks

[newacct]

I have the I-797 in front of me.. 1. The first one filed was I-751 Petition to remove conditions on Residence. And she was given 18 months from the expiration of I-551. Which expire in July 2021. 2. The second one shows I-90 Application to replace permanent resident card. This notice shows that this message. "This notice, together with your Form I551, Permanent Residence Card provides evidence of your lawful permanent resident status for 12 months from the expiration date on the front of your permanent resident Card". The above line is confusing. Is the validity of these 12 months from the end of the 18 months extension or the actual date on the Permanent Resident Card (which is already passed ..).. Hope this helps. Thanks

I-90 is to replace a green card that was lost, stolen, has incorrect info, expired (in the case of a non-conditional 10-year card), etc. Conditional permanent residents whose green card has expired or will expire in 90 days cannot file I-90 for any reason. So she just wasted her money and it's useless and will be denied. She needs to go to an InfoPass appointment to get an I-551 stamp in her passport (on the basis of her pending I-751) if she wants to travel abroad.

[arangoon]

So, she can't travel with I90 she just filed (with 12 months of validity)?

[newacct]

So, she can't travel with I90 she just filed (with 12 months of validity)?

No. She cannot file I-90 for an expired 2-year green card, and the I-90 extension letter cannot be used with a 2-year green card. (And even if it did, it's way more than 12 months since the expiration of the green card anyway.)