Immigrant Visa/Green Card

Q1.	I had my INS Adjustment of Status interview in January 18, 2003. I received my Conditional Green Card in the mail in November 2003. I remember at the interview, the INS officer told my husband and I that I need to file some kind of paperwork two years after receiving my Green Card or I would be “out of status” and forced to start the process all over again. When do I start counting the two years?
A1.	What the officer was referring to is a procedure we call “Removing the Condition.” When an “Immediate Relative” petition is filed on behalf of a US citizen’s spouse along with the spouses’ “Adjustment of Status” petition, the couple normally must attend an INS interview prior to the adjustment being approved. At the interview, if the Adjustment is approved, the spouse of the US citizen will be granted Permanent Residence (Green Card) in the United States. However, if the INS interview takes place within two years of the original filing, what the spouse receives is a Conditional Green Card. This is obviously what happened to you. Don’t worry, the Conditional Green Card is a Green Card and no distinction with regard to the benefits afforded the holder of a Conditional Green Card or a Green Card should be made. Nevertheless, the holder of a Conditional Green Card is required to "Remove” the condition within the three (3) months immediately preceding the two year anniversary of her Adjustment being approved. Thus in your case, Since your Adjustment was granted on January 18, 2003 you must file INS Form I-751 to ‘Remove” the condition between October 18, 2004 and January 18, 2005. That is, the two years start from the day your Adjustment was granted, not from the day you received your Green Card in the mail. The form itself calls for you and your spouse to sign and attest that you are still married, among other things. However, please keep in mind that if you were to get divorced or your spouse died prior to filing the I-750, the I-750 must still be timely filed and all is not lost. There that situation, there are still ways in which you can get your permanent Green Card, if qualified.
Q2.	Can I spend time in Beautiful California when I Retire?
A2.	Lots of the questions I receive are from retirees looking to move from various parts of the world to California. Unfortunately, while I understand their desire to live here, there is no such thing as a "retirement visa." However, there are visas available that would allow holders to remain in the US for extended periods of time. Those visas include the following: - B/2 Visitor Visa. Previously, the B/2 visitor visa granted an arriving visitor an automatic six-month admission into the United States with an extension of up to six months. Thus the B/2 visitor could theoretically remain in the US for up to one year at a time! Now, the six-month admission is no longer automatic and the immigration inspector has discretion to admit the B/2 visitor for only 30 days if the inspector believes it to be appropriate. However, an arriving visitor can still get the six-month admission if she is able to persuade the inspecting officer that a six-month admission is required to complete the purposes of her trip. The key to getting a six-month admission and subsequent extension is understanding that the B/2 visa is a non-immigrant temporary visa. This means that you must be able to show the inspecting officer that your trip to Hawaii is temporary and that you do not intend to remain permanently. Evidence to support this might include documentation evidencing home ownership and family ties in your country. Further, you should be able to show that you have enough money to support yourself without working during your time in California. It may also be helpful to show a six-month lease for the home or condo that you will be living in while in California. Please note however that if you are granted a six-month admission and subsequent extension, you may not be able to re-enter the United States immediately after returning to your country. That is, you will not be allowed to re-enter under your B/2 if the inspecting officer believes that you are permanently residing in California. Thus, you should probably remain in your country for at least a few months so as to establish your overseas abode. - E/1and E/2 Visas. As you may know, the E/1 and E/2 visas are working visas for investors or traders that are primarily doing business between the US and their home country. For this visa you would actually need to work in order to maintain your status under the category. Although this may seem contradictory to the idea of retirement, investing some of your savings and actively working in a business such as a coffee shop would allow you to remain in San Diego by extending your visa for as long as the business exists and is profitable. - Student Visa. You don’t have to study history or math, but enrolling in an English Language School that is authorized to issue I-20’s may allow a student and her spouse to reside in the US for as long as the student is continuing and advancing her studies. What a nice way to fulfill a life long dream, studying English under a California sunset…! - Immigrant Visas. For persons with substantial savings, the immigrant investor program may allow you to get a green card through investing $1,000,000.00 in a business. This visa entails hiring US workers and has many nuances, but for those who have money and are looking for a working retirement, this might be the answer. As you can see, it’s not easy to retire to California, but take it from me, when you see the beautiful beaches, spectacular sunsets, and feel the wonderful climate, it’s certainly worth the effort. Good Luck!

*The above information is general in nature and should not be considered legal advice. Please consult with an attorney to discuss the specifics of your case.



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