By Beverly Byrd
Question: Hello Attorney Byrd. I sponsored my wife for a green card at the beginning of January 2011, and paid all of the filing fees separately. A friend told me that the work permit fee is included in the green card fee as of the time the filing fees increased last November 2010. Is this true? Will USCIS return my wife’s filings? Thank you for your advice and help to our community. Pablo
Answer: Hello Pablo. Thank you for your question. Yes, if you filed for a green card for your wife, her work permit application, or Form I-765, and even a travel permit application, Form I-131, are included in the green card, or Form I-485 fee. You need only one check for all of these applications. The filing fee for all of these applications together is $1,070, which includes an $85 biometric fee. You would have also paid the Form I-130 petition fee of $420. If you sent the filing fees in separate checks, USCIS will still accept the applications, and will return your unnecessary checks. However, if you sent the filing fees in one check for a larger amount than is required, USCIS will return all applications and the petition to you. USCIS does try to decrease the delay caused by incorrect filing fees by sending a cover sheet to return your filing with the correct fees. This cover sheet allows USCIS to accept the filings the day they arrive and immediately send the receipts back to you. The receipts arrive back to you in approximately one week. Your delay, if any, should be minimal.
Question: Hello Attorney Byrd. I read your column every week and find your advice to Filipinos very useful. My neighbor has already seen you in your office and said you were of a great help to him. I hope you can help me too. My wife sponsored me for a green card about two years ago, and I received a conditional green card which expired about one week ago. My wife and I filed to remove the condition, but received the filing back in the mail yesterday because we filed the wrong form! We filed Form I-90 instead of Form I-751. Now my green card has expired. What shall I do now? Thank you for all your advice Attorney Byrd. God Bless, Norman.
Answer: Hello Norman. Thank you for your question. I see clients in the office periodically who have made this mistake. Form I-90 is a form for permanent residents who need to renew an unconditional card. If the card expires, they are still permanent residents. On the other hand, Form I-751 is for conditional permanent residents who have a two year conditional green card obtained through marriage to a U.S. citizen. If this card expires, the permanent residence has also expired if no petition to remove the conditional status has been filed and accepted by USCIS.
This is not a fatal mistake. You can still file Form I-751 with your wife, and explain to USCIS why you are filing late. USCIS routinely accepts late filings for good reason, and will extend your conditional permanent residency until they make a decision in your case. Remember, if you do not file Form I-751, USCIS will formally terminate your permanent residency and place you in deportation proceedings. If you feel unsure about filing again, you should consult with a competent immigration attorney who can help you.
Attorney Byrd has been practicing immigration law exclusively for over 10 years and has helped thousands in the Filipino community with their immigration issues. To schedule a confidential consultation, contact Attorney Byrd through e-mail at info@byrdassociates.com, or at one of her Bay Area offices below.
San Jose Office
95 S. Market Street, Suite 300
San Jose, CA 95113
(408) 995-3268
San Francisco Office
One Embarcadero Center, Suite 500
San Francisco, CA 94104
(415) 362-2285
Question: Hello Attorney Byrd. I sponsored my wife for a green card at the beginning of January 2011, and paid all of the filing fees separately. A friend told me that the work permit fee is included in the green card fee as of the time the filing fees increased last November 2010. Is this true? Will USCIS return my wife’s filings? Thank you for your advice and help to our community. Pablo
Answer: Hello Pablo. Thank you for your question. Yes, if you filed for a green card for your wife, her work permit application, or Form I-765, and even a travel permit application, Form I-131, are included in the green card, or Form I-485 fee. You need only one check for all of these applications. The filing fee for all of these applications together is $1,070, which includes an $85 biometric fee. You would have also paid the Form I-130 petition fee of $420. If you sent the filing fees in separate checks, USCIS will still accept the applications, and will return your unnecessary checks. However, if you sent the filing fees in one check for a larger amount than is required, USCIS will return all applications and the petition to you. USCIS does try to decrease the delay caused by incorrect filing fees by sending a cover sheet to return your filing with the correct fees. This cover sheet allows USCIS to accept the filings the day they arrive and immediately send the receipts back to you. The receipts arrive back to you in approximately one week. Your delay, if any, should be minimal.
Question: Hello Attorney Byrd. I read your column every week and find your advice to Filipinos very useful. My neighbor has already seen you in your office and said you were of a great help to him. I hope you can help me too. My wife sponsored me for a green card about two years ago, and I received a conditional green card which expired about one week ago. My wife and I filed to remove the condition, but received the filing back in the mail yesterday because we filed the wrong form! We filed Form I-90 instead of Form I-751. Now my green card has expired. What shall I do now? Thank you for all your advice Attorney Byrd. God Bless, Norman.
Answer: Hello Norman. Thank you for your question. I see clients in the office periodically who have made this mistake. Form I-90 is a form for permanent residents who need to renew an unconditional card. If the card expires, they are still permanent residents. On the other hand, Form I-751 is for conditional permanent residents who have a two year conditional green card obtained through marriage to a U.S. citizen. If this card expires, the permanent residence has also expired if no petition to remove the conditional status has been filed and accepted by USCIS.
This is not a fatal mistake. You can still file Form I-751 with your wife, and explain to USCIS why you are filing late. USCIS routinely accepts late filings for good reason, and will extend your conditional permanent residency until they make a decision in your case. Remember, if you do not file Form I-751, USCIS will formally terminate your permanent residency and place you in deportation proceedings. If you feel unsure about filing again, you should consult with a competent immigration attorney who can help you.
Attorney Byrd has been practicing immigration law exclusively for over 10 years and has helped thousands in the Filipino community with their immigration issues. To schedule a confidential consultation, contact Attorney Byrd through e-mail at info@byrdassociates.com, or at one of her Bay Area offices below.
San Jose Office
95 S. Market Street, Suite 300
San Jose, CA 95113
(408) 995-3268
San Francisco Office
One Embarcadero Center, Suite 500
San Francisco, CA 94104
(415) 362-2285
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