Conditional Green Card - late with I-751 (need opinion)

T

tau

Registered Users (C)
Greetings,

I'm in an awkward situation, just realized that I'm late with filling I-751 for few days (totally missed the 90 day window) after my conditional GC has expired :eek:. Will be rushing documents next morning with priority mail, but wanted to clear/ask few things...
Does anybody have such experience? Should I add an explanation letter (and to whom it should be addressed?) even if the reason is lame?
How bad is my situation? Will USCIS forgive 3-5 day delay? Do I need to do anything special in this situation (pay a late fee, notify a lawyer)?
Any suggestion/help will be highly appreciated!
Thank you!
 
They will not forgive you at all. I had a friend of mine who was 1 day late only, they still denied and deported him.
 
You'll be lucky if they don't catch it. How could you have missed it to begin with? I don't think any explanation will matter, you shouldn't have been irresponsible about it and that's all they care about. They don't care why you're late.
 
Right now you are "Out Of Status". Rushing documents will not help you. You need a miracle to make them change their mind not to deport you.
 
your only option is to pay a lawyer and consulte with him/her on your case to see if there are other options they could do to help you.
 
People people people... This has got to be the MOST pessimistic thread/responses I have seen in a while.

He is not about to be deported forever, he does not need to pay $1000s to a lawyer and he is not in dire need of a miracle...

For whatever reason, plenty of people forget to timely file an I-751... the file it late (along with a nice letter explaining the cause for such delay) and it is accepted, processed and everything works out.

I have personally heard of several cases where this has happened. So in this case, all the poster needs to do is file the form, send PLENTY of evidence, including a nice letter explaining the situation (why filing late) and hope for the best... It has not been THAT long, so he should not face too much trouble.

Cheer up people! :cool:
 
You need to think the worse but not just think of getting lucky. please ppl..always think of the worse and find a backup route before it hit you.
 
Following is from a attorney's website; obviously he/ she wants you to hire them. But point is it's excusable in certain conditions and it will be nice to consult a immigration attorney in this situation.

"The expiration date is clearly indicated on the lawful permanent resident card (or "green card"). Failure to file to remove the conditions by the expiration means that the individual is no longer a permanent resident.

It is sometimes possible to overcome this problem, but the expiration date should be taken seriously and the problem avoided, if possible.

There are regulations governing late filings. The late filing can be excused in certain circumstances. However, it is best to file within the proper timeframes. If this does not occur, or becomes impossible for some reason, it is best to consult with a qualified immigration attorney to devise the best possible strategy under the circumstances."
 
The language on the I-751 instructions are very clear:
When Should I File Form I-751?
1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.
2. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed.
3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status.
You will then become removable from the United States. If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.
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Thank you for the replies, people, cheerful and not so... :)

I dont think it was irresponsible of me to miss a submission window - life does not stop and there are plenty of reasons including family and 2-3 jobs I have to work to stay afloat in this economic weather. I did mess up, and I'm nervous about it but it should not be the end of the world - they need a taxpayer, right?

I'll hope for the best ;) The worst that can happen (I read a bit) is me facing the immigration judge and if he/she is cruel enough to separate me from my family and small kids, then I'll hire an attorney to fight my case.

I'll keep y'all informed about my case and it's progression; I'm sure there are plenty of people that missed the windows by few days.
 
tau said:
thank you for the replies, people, cheerful and not so... :)

i dont think it was irresponsible of me to miss a submission window - life does not stop and there are plenty of reasons including family and 2-3 jobs i have to work to stay afloat in this economic weather. I did mess up, and i'm nervous about it but it should not be the end of the world - they need a taxpayer, right?

I'll hope for the best ;) the worst that can happen (i read a bit) is me facing the immigration judge and if he/she is cruel enough to separate me from my family and small kids, then i'll hire an attorney to fight my case.

I'll keep y'all informed about my case and it's progression; i'm sure there are plenty of people that missed the windows by few days.
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I hope it works out for you man...

ps: get a calendar and use it ;)
 
It's not the end of the world if they reject your I-751 for being late. If your spouse is a US citizen you should be able to get another green card by redoing the process from the beginning with the I-130 and all of that stuff. Next time they should directly give you a 10-year card instead of another conditional card, because you have already been married for over 2 years.

However, be careful of accumulating 180 days of being out of status ... find out if you are eligible to stay within the US and refile, and then either file the I-485 or leave the US before the 180 days are up.
 
Jackolantern said:
However, be careful of accumulating 180 days of being out of status ... find out if you are eligible to stay within the US and refile, and then either file the I-485 or leave the US before the 180 days are up.
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Good point... Will keep an eye on the dates to refile, if it will go over 90 days without any news from USCIS about I-751, we can start over. Thanks for the tip!

I have a question: according to some notes on the IRS site (http://www.irs.gov/businesses/small/international/article/0,,id=129236,00.html), a 180 day limit applies to non-immigrants (H1B, etc.), what about immigrants (who has Green Card)? Seems like it does not apply until USCIS orders direct removal? Am I incorrect?


I'll get a calendar, PraetorianXI :)
 
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Some news: the service and biometric fee checks were cashed, judging by the writings on the cashed check, I got an EAC case number, which is not showing online yet.

Could it be good news?
 
tau said:
Some news: the service and biometric fee checks were cashed, judging by the writings on the cashed check, I got an EAC case number, which is not showing online yet.

Could it be good news?
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It is good news... :cool:

or for some people (pessimistic ones) it means: USCIS has taken your money and will still deport you! :eek: /end sarcasm
 
PraetorianXI said:
It is good news... :cool:

or for some people (pessimistic ones) it means: USCIS has taken your money and will still deport you! :eek: /end sarcasm
Click to expand...

Sometimes it's true...they cashed your check and give you an EAC # but it doesn't mean they have approved your case. They cashed your check and assigned you an EAC # is just to telling you that they took your application for review. If they found errors such as late filing, they can deny your application and give you a denial letter along with a removal (deportation) notice.

But it's good news, at least they took your application. :D
 
hmmm, I would think that they reject the application if the reason is late filling without giving it a EAC #... I could be totally wrong - let's see.

does anybody know how much time does it take for them to send the Notice of Action paper (that they are reviewing it) since they got the filled form? 1-2 month?
 
Good news (I hope), I just got a I-797C form saying that my conditional resident status was extended for one year; and I should wait for biometrics and invitation for the interview (if they dont waive it or deny the whole thing :) ).I still have a concern - the notice does not say if my status was terminated, it just says that the application was approved fro review; there is a note saying that the employment and travel extension is not applied if the status has been terminated... I guess I'm going to talk to a social worker in local USCIS center to shed some light on my situation :p
 
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tau said:
Good news (I hope), I just got a I-797C form saying that my conditional resident status was extended for one year; and I should wait for biometrics and invitation for the interview (if they dont waive it or deny the whole thing :) ).I still have a concern - the notice does not say if my status was terminated, it just says that the application was approved fro review; there is a note saying that the employment and travel extension is not applied if the status has been terminated... I guess I'm going to talk to a social worker in local USCIS center to shed some light on my situation :p
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That is the standard USCIS i-751 receipt notice.

You are safe. Whether they call you for an interview or not, is another thing (about 10% of couples get called)... but you are not going to be called just because you filed late.
 
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