Green Card Expired and have not filed I-751

[pandya 0]

Hi All,

A friend of mine (citizenship India) got married to a US citizen. She came to the US in on CR-1 visa in Aug 2007. Her Green Card expired last month and she has not filed I-751 or any paper work to remove the condition on her residency.

Can someone please:

- Explain the consequences here?

- What actions she can take to stay in the US? She had a baby just last month.

Any help is highly appreciated.

[NArocks 13]

File it ASAP

Edited August 26, 2009 by NArocks

[Krikit 1,163]

From the USCIS site:

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.

Link

[pandya 0]

Hi All,

A friend of mine (citizenship India) got married to a US citizen. She came to the US in on CR-1 visa in Aug 2007. Her Green Card expired last month and she has not filed I-751 or any paper work to remove the condition on her residency.

Can someone please:

- Explain the consequences here?

- What actions she can take to stay in the US? She had a baby just last month.

Any help is highly appreciated.

[payxibka 10,045]

the actions she can take is to file for removing conditions.... that is all she can do to stay

[Anh map 2,098]

Your friend has made a very serious mistake. She has known the expiration date of her card since it was issued.

There is an "unofficial" grace period for filing for removal of conditions, but she needs to file right away. Currently she is out of status and seen to have abandoned her residency. In that case her husband would have to petition for her again.

Worst case would be that she would have to leave the US. Have her take care of this ASAP!!

[3600rs 24]

Hi All,

A friend of mine (citizenship India) got married to a US citizen. She came to the US in on CR-1 visa in Aug 2007. Her Green Card expired last month and she has not filed I-751 or any paper work to remove the condition on her residency.

Can someone please:

- Explain the consequences here?

- What actions she can take to stay in the US? She had a baby just last month.

Any help is highly appreciated.

termination of status followed by a removal. $$$ wasted on lawyers, nothing else lost!

[Dakine 26]

From the USCIS site:

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.

Link

USCIS is sometimes lenient when applying late. Main thing is to get the I-751 submitted ASAP as Narocks mentioned.

[trillium13 84]

From the USCIS site:

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.

Was there a good reason for not filing on time?

[Dakine 26]

From the USCIS site:

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.

Was there a good reason for not filing on time?

Coma?

[vsmtghdy 2]

File I-751 ASAP and hopefully USCIS will consider the application and would not remove your friend, but she better have a very good reason for not filing on time. Good Luck to her.

[D&R 0]

Hi All,

A friend of mine (citizenship India) got married to a US citizen. She came to the US in on CR-1 visa in Aug 2007. Her Green Card expired last month and she has not filed I-751 or any paper work to remove the condition on her residency.

Can someone please:

- Explain the consequences here?

- What actions she can take to stay in the US? She had a baby just last month.

Any help is highly appreciated.

I really don't understand people that can 'forget' such a MASSIVE thing in their lives!!

(if I post the same thing in a few years... someone shoot me! lol)

[Krikit 1,163]

Merging this topic in the AOS forum with your other thread in the Removal of Conditions forum.

[Ellie-and-David 38]

Hi All,

A friend of mine (citizenship India) got married to a US citizen. She came to the US in on CR-1 visa in Aug 2007. Her Green Card expired last month and she has not filed I-751 or any paper work to remove the condition on her residency.

Can someone please:

- Explain the consequences here?

- What actions she can take to stay in the US? She had a baby just last month.

Any help is highly appreciated.

I really don't understand people that can 'forget' such a MASSIVE thing in their lives!!

(if I post the same thing in a few years... someone shoot me! lol)

Careful what you type Dave. Your posts are saved on this website, and I have a memory like an elephant ;-) Howz about we ask you to eat a hat rather than get the guns out :-)

I agree with previous posters. Your friend must act NOW. This is not one of those things that will go away, and ignorance is not going to create bliss in this situation.

[pandya 0]

Hi All,

A friend of mine (citizenship India) got married to a US citizen. She came to the US in on CR-1 visa in Aug 2007. Her Green Card expired last month and she has not filed I-751 or any paper work to remove the condition on her residency.

Can someone please:

- Explain the consequences here?

- What actions she can take to stay in the US? She had a baby just last month.

Any help is highly appreciated.

I really don't understand people that can 'forget' such a MASSIVE thing in their lives!!

(if I post the same thing in a few years... someone shoot me! lol)

Careful what you type Dave. Your posts are saved on this website, and I have a memory like an elephant ;-) Howz about we ask you to eat a hat rather than get the guns out :-)

I agree with previous posters. Your friend must act NOW. This is not one of those things that will go away, and ignorance is not going to create bliss in this situation.

Thank you all for your replies. Does anyone in this forum know what are some of the acceptable explanations for such a mistake? Her reasoning is that she was pregnant and in oversight forgot to file in time...