Filed Wrong Form

G

gc_questioner

Registered Users (C)
Filed Wrong Form - Please Help - Very Urgent

Hi Gurus ,

My Friend who is married to US Citizen got his GC ( Conditional Permit) 2 years, He came to me for help to get his GC renewed almost at the last month of the GC Expiry ( 2 years).

I by mistake , instead of Filing I-751 form Filed the I-90 form ( INS accepted the I-90 application and asked him to go for Finger printing) and sent to INS, Now the Time has expired on the GC , and we have received a Reply for INS that the GC has been Denied /Terminated as we failed to apply for I-751 within the 2 year period and he is out of status and also on the deportation proceedings.

Can you Gurus , Please tell me what I can do now , how to explain this and what can be done. This is a Serious issue/fault I have done to my Friend who does not read/write English.

Please advise what are the steps that can be done and how can I get his back on status..

Your ideas and suggestions will be of greta help to me.

Thanks a lot
gc_questioner
 
Last edited by a moderator:
After some google-ing I got two answers by 2 lawyers:

Failure to file the Petition To Remove Conditions From Permanent Residency (I-751) in the 90 day period before your conditional residency expires results in your residency being automatically terminated. If you are filing a joint petition with your spouse, may submit a statement with a late filed I-751 explaining that the failure was through no fault of your own, and provide a written explanation requesting that the USCIS forgive your lateness. You must demonstrate to the USCIS that the delay was due to extraordinary circumstances beyond your control, and that the length of the delay was reasonable. If you are filing an I-751 waiver, you can file it at anytime before or after the expiration of your conditional residency. You will need to include proof that your marriage has been legally terminated when you file the I-751 waiver. In addition, as with the joint I-751, you will need to present proof that your marriage was entered into in good faith. Such proof might consist of jointly filed tax returns, documentation showing cohabitation such as a lease or home ownership, joint bank accounts, photographs together, and so forth. The stronger the documentation submitted with the I-751, the less likely you will be called in for an interview by the USCIS

and

Immigration law requires that the joint petition (form I-751) be filed within the 90 day period prior to the expiration of Conditional Permanent Residency. Residency terminates on the two year anniversary of the grant of residency, if an I-751 has not been filed. So you are technically out of status for failure to file an I-751, and clearly, you are not authorized to travel or work at this time.

Filing of the I-751 immediately with a full explanation of why you did not timely file it is one thing you can do at this point. The filing will generate a receipt which will extend your residency for one year, during which time you will likely be called in for an interview at a local office of the USCIS. Whether the late filing is accepted or rejected will depend on the reasons you give for the late filing and the immigration officer's determination of whether those reasons show good cause. Also be prepared to prove the continuing bona fides and viability of your marriage by presenting joint ownership of property, joint tenancy, commingled assets, and so forth.

I would urge you to retain the services of a skilled immigration lawyer before filing anything with he USCIS.

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on another note... your friend has been here two years and he does not read/write english??? that is a shame. :rolleyes:
 
You cannot fix the error that was made by yourself along with your friend. You need to assist your friend with getting a well experienced and qualified immigration attorney.Just continue to support your friend and if possible help your friend with those high upcoming legal bills.
 
Thanks

Thanks a lot for both of your replies..

Please advise on any Good Lawyers ( who would be very economical/charge less) and get the job done? as It was my mistake that I was totally aware of the CP on the GC.

Also please advise whether we can go ahead and submit the I-751 application ?? with an explanation letter saying that we filed the wrong Form
( I-90) instead of I-751. Any ideas would the INS accept the case?

Also on the Deportation proceeding letter , Is is going to cause him a major issue?? or Do he need to follow it strictly

Thanks again

Please update /Advise.
 
gc,

You need to step away from this case and let an attorney take over. They will know where to file all required papers. Don't wait for anyone in this forum to reply with a good attorney, that depends on where you are located, etc, and can take days, you need someone now! Get the yellow pages and search for one.

Regarding PraetorianXI's comment about your friend being here two years and not speaking English, ignore his comment, there's nothing shameful about that.
 
gnr5 said:
Regarding PraetorianXI's comment about your friend being here two years and not speaking English, ignore his comment, there's nothing shameful about that.
Click to expand...

Yeah there is... when someone comes to this country, to study, work, live, or whatever for permanent residency or citizenship. You should at least try to learn the language and culture. I did not mean to be so harsh in the "he should be ashamed of himself" kind of way... I meant that it is a shame, loss, for him not to know the language... he is missing a lot of things because of it. :cool:
 
gc_questioner said:
Thanks a lot for both of your replies..

Please advise on any Good Lawyers ( who would be very economical/charge less) and get the job done? as It was my mistake that I was totally aware of the CP on the GC.

Also please advise whether we can go ahead and submit the I-751 application ?? with an explanation letter saying that we filed the wrong Form
( I-90) instead of I-751. Any ideas would the INS accept the case?

Also on the Deportation proceeding letter , Is is going to cause him a major issue?? or Do he need to follow it strictly

Thanks again

Please update /Advise.
Click to expand...

try www.aila.org
 
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