Forgot to send I751 form

L

limca969

New Member
I married to US citizenship wife since last 2 years and at the very first I received a temporary green card for two years. I forgot to send I 751 form before that GC expires and now my GC is expired and I called USCIS office and they told me that I can not continue to work until received new GC or a letter saying that my I751 is in process.

Can anyone help with this issue? How can I continue to work?
 
Did you file before it expired?

Did you at least file the I-751 before the conditional GC expired? If not, then not being able to work may be the least of your worries. Not sending your I-751 in time to remove conditions before your green card expires can lead to removal proceedings, unless you can show very good reason why you did not file within the 90 day timeframe before the GC expired. If I were you, I would talk to a lawyer about this.
 
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No I did not file the I 751 before GC expired. I forgot to send it to USCIS within 90 days time frame and my GC is expired now.
Thanks for your reply.
 
http://uscis.gov/graphics/howdoi/remcond.htm

What if I am Late in Applying to Remove the Conditions on Residence?

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.
 
Did USCIS Notify You?

Sec. 216.2 Notification requirements

(a) When alien acquires status of conditional permanent resident. At the time an alien acquires conditional permanent residence through admission to the United States with an immigrant visa or adjustment of status under section 245 of the Act, the Service shall notify the alien of the conditional basis of the alien's status, of the requirement that the alien apply for removal of the conditions within the ninety days immediately preceding the second anniversary of the alien's having been granted such status, and that failure to apply for removal of the conditions will result in automatic termination of the alien's lawful status in the United States.

(b) When alien is required to apply for removal of the conditional basis of lawful permanent resident status. Approximately 90 days before the second anniversary of the date on which the alien obtained conditional permanent residence, the Service should notify the alien a second time of the requirement that the alien and the petitioning spouse or the alien entrepreneur must file a petition to remove the conditional basis of the alien's lawful permanent residence. Such notification shall be mailed to the alien's last known address. (Amended 5/23/94; 59 FR 26587)

(c) Effect of failure to provide notification. Failure of the Service to provide notification as required by either paragraph (a) or (b) of this section does not relieve the alien and the petitioning spouse, or the alien entrepreneur of the requirement to file a petition to remove conditions within the 90 days immediately preceding the second anniversary of the date on which the alien obtained permanent residence. (Amended 5/23/94; 59 FR 26587)
 
Write a letter to the Director of the Service Center. Inform them you were not given the reminder that the regulations called for. Inform them that you are aware that this does not absolve you of your responsibility for not filing, but plead with them for mercy under the circumstances.

Again, I'd say get a lawyer on this one.
 
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