Greencard to Citizenship

[wexford65 0]

Here is how I would explain it.

Unless you are a USC you need to have a GC to remain in the country. The initial GC is conditional and lasts for 2 years. Once that expires you are out of status and deportable.

90 days prior to the expiration of that GC you should file an I-751 to remove conditions which, if approved, will result in you being issued with an unconditional 10 year GC.

To be eligible to apply to become a USC you must have been legally resident in the country for 5 years, unless you are married to a USC in which case it is 3 years.

If your 2 year conditional GC has expired and you have yet to submit your I-751 then, as previously noted, you are out of status and at risk of deportation.

The advice to retain an immigration attorney quickly, like Monday, is good. I would spend the weekend preparing an I-751 and be ready to mail it Monday.

I hope all goes well for you but you need to be practical and understand that putting this off will only make it worse.

Edited July 10, 2009 by wexford65

[Brother Hesekiel 2,236]

I second that.

Right now you are out of status, completely. Since this can result in deportation proceedings, get the help of an attorney on Monday morning, BEFORE you mail anything. Just get the paperwork together and take it to your attorney. The letter from the attorney, explaining the late submission, will get you one of the two following options:

1) Your attorney gets them to accept a late (even beyond the grace period) I-751, and you'll eventually will get a NOA1, have to take biometrics, and will or will not be called to an interview, at which time your conditional residency (based upon the marriage) will be lifted and you get a 10-year GC which can be renewed indefinitely.

2) USCIS does't accept your late I-751 anymore, and you'll have to start over by applying for AOS. Since you are now married more than 2 years, you will, after being approved, receive a 10-year GC right away.

Best of luck.

Edited July 10, 2009 by Just Bob