Failure to file removal of conditions on Greencard

[Paulraj]

Hi,
My friend has been a citizen of U.S for about 15 years. About 4 years ago he got married. His wife is from India. He sponsored her greeen card. This conditional green card for his wife expired on August 2003. However for some reason he thought that it was an unconditional greencard and he forgot to file for the removal of conditions. So its been almost a year and half now he has not filed. Now when he saw his greencard, he found this problem that he forgot to file for removal of conditions.
He said that he did not get any removal /deportation notice. But he also said that it might be because he changed addresses since the filing.
He has 3 kids and his wife & him are panicking. He's not in good health condition either and this is making things worser.
What is the best route to take here? What are the consequences of not filing for removal of condition. Will this have to go to the immigration court? Does he need to get a good lawyer?

Any help would really be appreciated.

Thanks

 

[LucyMO]

What are the consequences of not filing for removal of condition?

it means that she doesn't have a GC anymore and she is here illegally.

 

[Paulraj]

Re:Help!

Ok. We know that the consequence of not filing in time is removal/deportation. So she's not legal here anymore. But it there an option that he can send her back to India with the kids as soon as possible and then later re-apply for her greencard and get her back in? In that case if he re-applies later, will they deny it?

Or is it better to talk to a lawyer and then explain to the immigration judge the following fact:

"His wife barely could read english or understand it. She got the greencard when he was out travelling, and she just told him and put it away.
As he was not aware of the 2-year limit, he thought it was for 10 years and never bother to re-examine the card until after year and a half after the expiry date, just to find out its conditional. "

If this goes to the immigration court, and if the judge find her guilty and to be deported, will they arrest her and put her in immigration jail? Or they will just give a 30 days notice to leave the U.S?

He was also not so aware of this rule. Since they moved to different address, they did not receive any kind of removal order.

 

[dip92]

Hi,
My friend has been a citizen of U.S for about 15 years. About 4 years ago he got married. His wife is from India. He sponsored her greeen card. This conditional green card for his wife expired on August 2003. However for some reason he thought that it was an unconditional greencard and he forgot to file for the removal of conditions. So its been almost a year and half now he has not filed. Now when he saw his greencard, he found this problem that he forgot to file for removal of conditions.
He said that he did not get any removal /deportation notice. But he also said that it might be because he changed addresses since the filing.
He has 3 kids and his wife & him are panicking. He's not in good health condition either and this is making things worser.
What is the best route to take here? What are the consequences of not filing for removal of condition. Will this have to go to the immigration court? Does he need to get a good lawyer?

Any help would really be appreciated.

Thanks

Please go get a good lawyer. A real good lawyer can fight for you.

 

[LucyMO]

yes, make sure she and the kids don't leave the States until all options in the States are exhausted. Because since she was accumulating illegal presence all this time and has accumulated over a year of it, she will be BANNED from entering the States for 10 YEARS. If appeals do not help, etc., just apply for adjustment of status again, and make sure she doesn't leave the U.S. until she gets her new GC.

 

[Paulraj]

Re:Help!

Thanks for your answer. It helped a lot. One last clarification.
How is it possible to re-apply for Adjustment of Status for her, when the immigration already know her history and record and also she might have to answer "yes" to some of the questions regarding overstay etc., in the application. As soon as he applies for her again, won't they find out she has already applied and failed to apply for removal of conditions because of the social security links and stuff?

Thanks

yes, make sure she and the kids don't leave the States until all options in the States are exhausted. Because since she was accumulating illegal presence all this time and has accumulated over a year of it, she will be BANNED from entering the States for 10 YEARS. If appeals do not help, etc., just apply for adjustment of status again, and make sure she doesn't leave the U.S. until she gets her new GC.