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My children have different immigration codes on I-485 Approvals - IR7, CR7?

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  • My children have different immigration codes on I-485 Approvals - IR7, CR7?

    My two children have different immigration codes on their I-485 Approvals (Green cards) IR7, and CR7?


    Both children received their permanent resident cards in 2020. Both are under 18 and applied as step-children of a US citizen (my husband who was the petitioner). We confirmed that we have filled out all of the information correctly. We were married since 2014, and the children immigrated over from Canada in 2019 both at the same time (at age 15 and 12).

    However my son (current age 17) has a CR7 code and his card expires in 2022 (at age 18), while my daughter (current age 14) has an IR7 code and does not expire until 2030 ( at age 23).

    There is obviously a mistake, though I can not fathom which one.

    One of my sons I-130 in 2020 says approval for orphan (?? what ??), but the receipt from 2019 states 201 b minor child of USC. The application we sent correctly states step-child/step-parent.
    The I-797 states immediate relative of a us citizen CR7. And this is on his permanent resident card.

    My daughters I-130 states unmarried child under 21 of USC 201 B INA for both the receipt and approval. The application we sent correctly states step-child/step-parent.
    Her I-797 states immediate relative IR7. And this is on her permanent resident card.

    Like I said, we kept copies of our forms and confirmed that they are both filled out correctly as step-child of US citizen. Which one is correct, what do we need to do to fix the mistakes?

    Thanks in advance!

  • #2
    Assuming they did Adjustment of Status, IR7 with 10-year card is correct. Since on the date they became permanent residents (which is the date when the I-485 was approved), you have been married for more than 2 years, they become non-conditional permanent residents.The one who got a CR7 two-year card should file form I-90, and check the boxes in Part 2 item 1.a, and item 2.d. They do not need to pay a fee because it was due to DHS error. See the I-90 instructions for Part 2 item 3.d:
    NOTE: If you believe you were misclassified as a conditional permanent resident, because you were married for two or more years when you obtained conditional permanent residence, file Form I-90 under reason “2.d.” and include a copy of your marriage certificate with your application.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Ah ok I thought that might be the case, thank you , thank you , thank you! It was a very confusing mistake (Although my son love to joke about himself being an orphan now haha).

      I see what you are referring to on those forms and it makes sense! Ill get this sent out ASAP, with the required docs.

      Thank you so much for your help!

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      • #4
        Hi SMarie, Did filing your child's I-90 with copy of your marriage certificate resolve/correct the USCIS error? I now have similar situation...my child (stepchild of US Citizen) was classified as CR7 and received conditional/2year green card instead of IR7 10-year green card.

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