expired temporary resident card

[kcrane 0]

My temporary permanent residency expired at the beginning of May this year. I have just arrived back in the States after being abroad for 4 months so it was difficult for me to file for the removal of my temporary status.

What is likely to happen if I file my I-175 late?

Can I work in the meantime??

Thanks in advance

Kate

[Kathryn41 3,205]

My temporary permanent residency expired at the beginning of May this year. I have just arrived back in the States after being abroad for 4 months so it was difficult for me to file for the removal of my temporary status.

What is likely to happen if I file my I-175 late?

Can I work in the meantime??

Thanks in advance

Kate

First, how did you get back into the US if you had an expired green card? Just curious . . .

You can submit the I-751 late within reason and with a good explanation why you are late filing. Since you were eligible to file 90 days prior to the actual expiry date (which would be sometime in early February for you), you will have to prove why you were not able to file it before you left and show that your inability to file was unavoidable (ie. reason for being out of the country 3 months before and a month after your green card expired). You could have filed while you were abroad so you need to be able to address that situation as well). While USCIS has some wiggle room about late filings, it isn't a lot and there is no guarantee that they will accept the application. With a conditional greencard, once it expires and you have not submitted the I-751, your legal status in the US is also expired so no, you cannot work.

It would be a good idea to get the application in ASAP and then, once they accept it, your status can be considered extended by the NOA extension letter, and you would be able to work again.

Good luck.

Edited June 21, 2008 by Kathryn41

[kcrane 0]

My temporary permanent residency expired at the beginning of May this year. I have just arrived back in the States after being abroad for 4 months so it was difficult for me to file for the removal of my temporary status.

What is likely to happen if I file my I-175 late?

Can I work in the meantime??

Thanks in advance

Kate

First, how did you get back into the US if you had an expired green card? Just curious . . .

You can submit the I-751 late within reason and with a good explanation why you are late filing. Since you were eligible to file 90 days prior to the actual expiry date (which would be sometime in early February for you), you will have to prove why you were not able to file it before you left and show that your inability to file was unavoidable (ie. reason for being out of the country 3 months before and a month after your green card expired). You could have filed while you were abroad so you need to be able to address that situation as well). While USCIS has some wiggle room about late filings, it isn't a lot and there is no guarantee that they will accept the application. With a conditional greencard, once it expires and you have not submitted the I-751, your legal status in the US is also expired so no, you cannot work.

It would be a good idea to get the application in ASAP and then, once they accept it, your status can be considered extended by the NOA extension letter, and you would be able to work again.

Good luck.

Hmm I don't know why they let me back in. I didnt really think about it because I was actually under the impression that I had 90 days after the expiration of the card to apply for a new one. I have since reread the conditions and realise that it is before the expiry that I needed to file.

I think that its just ridiculous that Immigration doesn't contact each applicant to remind them to reapply as they do at Australian Immigration. I am certain that many people miss their date for various reasons if not simply as an oversight.

Thanks for the info

[Nanusia & Lukaszek 0]

I think that its just ridiculous that Immigration doesn't contact each applicant to remind them to reapply as they do at Australian Immigration. I am certain that many people miss their date for various reasons if not simply as an oversight.

Thanks for the info

I think its ridiculous you think they should contact YOU. It is your responsibility to maintain your status, not theirs.

They are busy enough processing applications, and have soooo many delays, if we added on a team to call & remind people with delinquent cards, we'd only increase fees, and processing delays.

[kcrane 0]

I think that its just ridiculous that Immigration doesn't contact each applicant to remind them to reapply as they do at Australian Immigration. I am certain that many people miss their date for various reasons if not simply as an oversight.

Thanks for the info

I think its ridiculous you think they should contact YOU. It is your responsibility to maintain your status, not theirs.

They are busy enough processing applications, and have soooo many delays, if we added on a team to call & remind people with delinquent cards, we'd only increase fees, and processing delays.

Whatever. My husband is a resident of Australia and he is contacted via email from the Immigration dept whenever he needs to update his status. They send a link to be able to download any forms to be submitted and is presented with a case manager to be able to contact if he has any hassles.

Unlike here where I can spend easily 20 minutes listening to a recorded voice that prompts me to choose a number that then takes me to another automated message but never actually invites me to speak to anyone.

Immigration here have been so effective that I actually entered the country on an expired green card! It was an honest mistake on my part as I was under the impression that I had 90 day after the cards expiration to submit my case. I have since learned otherwise and have realised that I have been admitted here with no valid authority.. How does that happen?

[Kathryn41 3,205]

Actually, the adjudicator's manual does state that applicants for the I-751 will receive notification prior to its expiry notifying them that they need to remove conditions, so it isn't an unreasonable expectation. The only problem is that they don't follow through. You are right - there have been a number of individuals on VJ who have also missed the filing date for a variety of different reasons. I don't remember off the top of my head but it is either 30 or 60 days that they 'wait' before beginning to process a missed I-751 date. Considering they are overloaded in many areas, you may be able to take advantage of it. The important thing is do not delay - get the application in this week. Make sure you can trace the delivery so you know exactly when it arrives. Send a personal cheque instead of a money order so that you can follow it through your online banking and know when it is cashed.

Explain your situation in your cover letter. Let them know that you misread the information and believed it to be 90 days after expiry, not prior to expiry and didn't find out until after you had returned to the US. Let them know how sorry you are. Be contrite in your letter, and ask them very politely, very nicely to please consider your application. Consider yourself very lucky with getting re-admitted, and we'll keep our fingers crossed that your luck continues with your I-751 application. Good luck.

Edited June 21, 2008 by Kathryn41

[russian_armenian 4]

I would consider other explanation than just misreading or not knowing when to send. (In court lack of knowledge is not a defence strategy too) It is almost 2 months late. I usually hate bs and prefer to go by "whatever is the situation", but this is a shaky ground in this situation. Misreading does not sound as a valid reason to me. If CIS officer has a sence of humor, might be alright. But what if your file gets to some scrupoulus person? I dont know but maybe some medical reason or something else

Actually, the adjudicator's manual does state that applicants for the I-751 will receive notification prior to its expiry notifying them that they need to remove conditions, so it isn't an unreasonable expectation. The only problem is that they don't follow through. You are right - there have been a number of individuals on VJ who have also missed the filing date for a variety of different reasons. I don't remember off the top of my head but it is either 30 or 60 days that they 'wait' before beginning to process a missed I-751 date. Considering they are overloaded in many areas, you may be able to take advantage of it. The important thing is do not delay - get the application in this week. Make sure you can trace the delivery so you know exactly when it arrives. Send a personal cheque instead of a money order so that you can follow it through your online banking and know when it is cashed.

Explain your situation in your cover letter. Let them know that you misread the information and believed it to be 90 days after expiry, not prior to expiry and didn't find out until after you had returned to the US. Let them know how sorry you are. Be contrite in your letter, and ask them very politely, very nicely to please consider your application. Consider yourself very lucky with getting re-admitted, and we'll keep our fingers crossed that your luck continues with your I-751 application. Good luck.

[HuffyTheSlayer 22]

I would consider other explanation than just misreading or not knowing when to send. (In court lack of knowledge is not a defence strategy too) It is almost 2 months late. I usually hate bs and prefer to go by "whatever is the situation", but this is a shaky ground in this situation. Misreading does not sound as a valid reason to me. If CIS officer has a sence of humor, might be alright. But what if your file gets to some scrupoulus person? I dont know but maybe some medical reason or something else

Yes, because lying to the USCIS always makes things better.

I don't know what I would do in the OPs situation, but I do agree she should get the paperwork sent out as soon as she can. I think it would be near impossible and cause a huge fee increase if they had to notify everyone of their expiring legal status in the US, just think of how many more people there are in the immigration system here than in Australia. It's not surprising that they can't send out notifications to everyone and appoint them an case handler to ask questions. If they did I can't begin to imagine how much they would ask for to file the forms!

[kcrane 0]

My temporary permanent residency expired at the beginning of May this year. I have just arrived back in the States after being abroad for 4 months so it was difficult for me to file for the removal of my temporary status.

What is likely to happen if I file my I-175 late?

Can I work in the meantime??

Thanks in advance

Kate

First, how did you get back into the US if you had an expired green card? Just curious . . .

You can submit the I-751 late within reason and with a good explanation why you are late filing. Since you were eligible to file 90 days prior to the actual expiry date (which would be sometime in early February for you), you will have to prove why you were not able to file it before you left and show that your inability to file was unavoidable (ie. reason for being out of the country 3 months before and a month after your green card expired). You could have filed while you were abroad so you need to be able to address that situation as well). While USCIS has some wiggle room about late filings, it isn't a lot and there is no guarantee that they will accept the application. With a conditional greencard, once it expires and you have not submitted the I-751, your legal status in the US is also expired so no, you cannot work.

Okay so I have one more question. My husband and I are actually looking at relocating permanently back to Australia and were just coming here to the States for a while to settle up everything here.

If I decide not to proceed with the Greencard, now that it is expired does that make me an illegal alien? Or can I claim being here on the 90 day visa waiver that is allowed to visiting Australians? How long before this is followed up and since I was allowed back in the country on my already expired Residency, what are the consequences?

I am able return to Australia mid August and leave my husband to tidy up our life here if I need to. But since I didn't apply for the visa waiver on my entry I am not sure if this will be noticed on my way out and hold me up???

What a mess!!

K

It would be a good idea to get the application in ASAP and then, once they accept it, your status can be considered extended by the NOA extension letter, and you would be able to work again.

Good luck.

[kcrane 0]

I would consider other explanation than just misreading or not knowing when to send. (In court lack of knowledge is not a defence strategy too) It is almost 2 months late. I usually hate bs and prefer to go by "whatever is the situation", but this is a shaky ground in this situation. Misreading does not sound as a valid reason to me. If CIS officer has a sence of humor, might be alright. But what if your file gets to some scrupoulus person? I dont know but maybe some medical reason or something else

Yes, because lying to the USCIS always makes things better.

I don't know what I would do in the OPs situation, but I do agree she should get the paperwork sent out as soon as she can. I think it would be near impossible and cause a huge fee increase if they had to notify everyone of their expiring legal status in the US, just think of how many more people there are in the immigration system here than in Australia. It's not surprising that they can't send out notifications to everyone and appoint them an case handler to ask questions. If they did I can't begin to imagine how much they would ask for to file the forms!

Okay so I have one more question. My husband and I are actually looking at relocating permanently back to Australia and were just coming here to the States for a while to settle up everything here.

If I decide not to proceed with the Green card, now that it is expired does that make me an illegal alien? Or can I claim being here on the 90 day visa waiver that is allowed to visiting Australians? How long before this is followed up and since I was allowed back in the country on my already expired Residency, what are the consequences?

I am able return to Australia mid August and leave my husband to tidy up our life here if I need to. But since I didn't apply for the visa waiver on my entry I am not sure if this will be noticed on my way out and hold me up???

What a mess!!

I really don't fancy having to lie to the officials. You tell one and then you're constantly covering that up with more. It tires me out just thinking of it. We really wanted to end up in Australia and we own a business there so not living here really isn't an issue. I just don't want to have to go through the process if I don't need to!! Being able to work here was a bonus.. but whatever.. as long as I can stay here till mid August??

Any insight?!!? Thanks!

K

[NickD 202]

My wife's, (the immigrant) employer is very strict on documented workers, she was even notified that her green card was about to expire by her employer, but we showed her I-751 application was already sent in.

So whether you can work or not depends upon your employer, and also depends on whether your state is enforcing undocumented workers. According to the USCIS, you will not be deported with an expired green card, but you are not permitted to work or to travel.

Sure our state, Wisconsin, sends out notices for both license plate registration and driver's license renewal, but the USCIS does not, so no use in complaining about it.

The really big issue is sending your I-751 late according the the I-751 instructions:

"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."

If your stay outside of the USA was avoidable, that may be a reason, may want to consult with and immigration attorney.

"You will then become removable from the United States." Seems to be in contradiction to another USCIS statement I read on this where it said you will not be deported, but can't work or travel. I know I read that in the USCIS site, I am not an immigration attorney, so had no need to bookmark it or print it out.

[russian_armenian 4]

You have entered as PR. So, I guess your status here till Aug is related to PR (not 90days due to Austalian citznship; but I might be wrong). If you dont send I-751, you just loose your residency (as of May actually; so you will be out of status for some time and it might affect your travel here in future). Doubt that they will come looking for you-you will be just next illigal (among other 20mil). I am sure that CIS has to be notified somehow that you dont intend to stay here (so, you are not put into removal/deportation procedings). Probably a simple matter for a lawyer. I would send I-751; it will take care of the situation for now (not outstayed legal status, plus at least 1 year more of PR). Plus, you can notify CIS from Australia that you are not returning. Or your plans might change.

I would consider other explanation than just misreading or not knowing when to send. (In court lack of knowledge is not a defence strategy too) It is almost 2 months late. I usually hate bs and prefer to go by "whatever is the situation", but this is a shaky ground in this situation. Misreading does not sound as a valid reason to me. If CIS officer has a sence of humor, might be alright. But what if your file gets to some scrupoulus person? I dont know but maybe some medical reason or something else

Yes, because lying to the USCIS always makes things better.

I don't know what I would do in the OPs situation, but I do agree she should get the paperwork sent out as soon as she can. I think it would be near impossible and cause a huge fee increase if they had to notify everyone of their expiring legal status in the US, just think of how many more people there are in the immigration system here than in Australia. It's not surprising that they can't send out notifications to everyone and appoint them an case handler to ask questions. If they did I can't begin to imagine how much they would ask for to file the forms!

Okay so I have one more question. My husband and I are actually looking at relocating permanently back to Australia and were just coming here to the States for a while to settle up everything here.

If I decide not to proceed with the Green card, now that it is expired does that make me an illegal alien? Or can I claim being here on the 90 day visa waiver that is allowed to visiting Australians? How long before this is followed up and since I was allowed back in the country on my already expired Residency, what are the consequences?

I am able return to Australia mid August and leave my husband to tidy up our life here if I need to. But since I didn't apply for the visa waiver on my entry I am not sure if this will be noticed on my way out and hold me up???

What a mess!!

I really don't fancy having to lie to the officials. You tell one and then you're constantly covering that up with more. It tires me out just thinking of it. We really wanted to end up in Australia and we own a business there so not living here really isn't an issue. I just don't want to have to go through the process if I don't need to!! Being able to work here was a bonus.. but whatever.. as long as I can stay here till mid August??

Any insight?!!? Thanks!

K

[yogib37 3]

Ok

Now I have a question.. My wife's GC will expire on Sat Jun 28. I did send in the paper work and it was received by the Vermont center. So will she still be consider in status, pending waiting for her NOA and extention of her green card? what about her job, she can continue to still work.

yogi