Legal Question in Immigration Law in Ohio

hi

My daughter and i both have conditional green cards based on my marriage to a us citizen. she went back to her home country for a 3 month stay and has decided to stay and do school back there. Can i apply for the removal of conditions on her green card while she is still in her home country.

Does she need to be here in the usa or is it possible for her to stay in her country and still get the conditions removed


Asked on 9/26/09, 9:16 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

She needs to be in USA, and establish permanent residency in USA.

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Answered on 9/26/09, 2:12 pm
Philip Eichorn Hammond Law Group

The prior attorney is incorrect. Based on 8 CFR 216.4(a)(4), a foreign national may apply to remove their conditions from abroad. Hire an attorney to prepare the petition and advise you and your daughter accordingly. There are some requirements when filing abroad and some additional issues that may occur down the road in conjunction with her schooling and return to the U.S.

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Answered on 9/27/09, 5:11 pm


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