Expired Greencard

[JacquieBlaze 0]

My greencard expired over a month ago on 5/31/09 and I had no idea I had to apply to have conditions removed- what do I do?

[YuAndDan 153]

Said it before in your other post:

TIME TO SEEK THE ADVICE OF AN IMMIGRATIONS ATTORNEY! ASAP!

http://www.visajourney.com/forums/index.ph...=206799&hl=

I believe that removal of conditions is explained in detail on the welcome letter, and the document included with the Conditional Resident Card.

[payxibka 10,047]

For starters the I-751.... and what YuandDan said

[JacquieBlaze 0]

For starters the I-751.... and what YuandDan said

Thanks I will do that.

[wannabe_texan 0]

So you are in within the 60 days grace period - might be a ray of hope in there...

First, breathe.

I would find an attorney to have a consultation with at least.

Download the I751 form from USCIS, read the guide on VisaJourney to see what kind of evidence you need to produce, start digging through the paperwork you have at home to find bills, mortgage/leases, insurance etc that show joint life together.

Collect your package together.

With attorney advice, craft grovelling letter to USCIS explaining why you are late filing and are extremely sorry etc etc.

Do the above as fast as possible, and before the 60 days after expiration is up.

Others will weigh in with more advice I'm sure... I'm surprised you didn't get a reminder letter that they've been sending recently. Did you move and not send in a change of address?

[payxibka 10,047]

Copied from another post:

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

25.1 Immigration Marriage Fraud Amendments of 1986

References: Section 216 of the Act 8 CFR 216 . . .

(F ) Termination of Status for Failure to File . Failure to properly file Form I-751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the U.S. Form I-751 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was good cause for the failure to file within the required time period.

and

3. (D) Terminations . These cases are denied for failure to file. They are put in a 60 day call-up category to give the petitioner and spouse a last chance to file the Form I-751. If they have not filed after the 60 day call-up time frame has expired, the case is routed to the district office for a Notice to Appear to be issued.

[YuAndDan 153]

So you are in within the 60 days grace period - might be a ray of hope in there...

First, breathe.

I would find an attorney to have a consultation with at least.

Download the I751 form from USCIS, read the guide on VisaJourney to see what kind of evidence you need to produce, start digging through the paperwork you have at home to find bills, mortgage/leases, insurance etc that show joint life together.

Collect your package together.

With attorney advice, craft grovelling letter to USCIS explaining why you are late filing and are extremely sorry etc etc.

Do the above as fast as possible, and before the 60 days after expiration is up.

Others will weigh in with more advice I'm sure... I'm surprised you didn't get a reminder letter that they've been sending recently. Did you move and not send in a change of address?

Yep, ALL good advise.

And in our case we received a letter from USCIS reminding us that we needed to file I-751 within 90 days before CR-Green-card expiration.

If you have moved since getting green-card you need to file an AR-11 and I-865 to report this to USCIS, and so that important letters from USCIS will get to you.

[Twomoles 8]

I would simply file the form, I-751

plus, make sure you have a really good and strong evidence

plus give them explanatory letter why you are late - a really good one art of peace.

Send it in and wait.

You are still in 60 day grace period after it expired.

You might be good

Even better if you are married over two years

you might have interview - most likely, it is all good

you might be called in - then you do need a lawyer.

P.S. I sent week late, and as more I read and as more I do research about other cases and USCIS procedures and laws, I am telling you, you are fine if you send it ASAP and it is not more than 60 days since it expired. If there is not marriage fraud and you do send in within 60 days, they just end up having an interview with you.

P.P.S. Do not buy all this fear mongering, many will say how stupid and irresponsible you are and how police will come after you, break in your home, trap you in the airport etc etc etc and so on. Too much scary movies in reality, but - it is not the case, if there is not fraud and you are not with criminal records, you are fine.

Chapter 25 from manual:

References: Section 216 of the Act

8 CFR 216

(a) General . The Marriage Fraud Amendments of 1986 (“IMFA”) were enacted in response to a growing concern about aliens seeking permanent residence in the U.S. on the basis of marriage to a citizen or resident when either the alien acting alone, or the alien and his or her reputed spouse acting in concert, married for the sole purpose of obtaining permanent residence. Congress was particularly moved by the testimony of numerous citizens whose alien spouses had left them shortly after obtaining residence, as well as the testimony of Service representatives concerned with “marriage for hire” schemes. Congress also acknowledged the inherent difficulties faced by the Service in determining whether the marriage is fraudulent and whether the alien intended to leave the marital union once lawful permanent residence was granted.

In response to these concerns, Congress passed IMFA, which added section 216 to the Immigration and Nationality Act. Section 216 created a conditional residence requirement for aliens who acquire permanent residence based on recent marriages. The condition being that persons subject to the provisions of IMFA were required to petition the Service two years after obtaining residence for removal of the conditional basis of the residence. Failure to do so, or denial of the removal petition, would result in the alien losing residence status and being removed from the U.S. as a deportabl e alien. Section 216 also includes a waiver provision because it recognizes that under certain circumstances (e.g., if the marriage had dissolved through no fault of the alien), the alien’s loss of residence and deportation from the U.S. would be inappropriate.

The conditional residence provisions of section 216 apply to:

• Any alien who, based upon a marriage to either a citizen of the U.S. or a lawful permanent resident of the U.S., obtains permanent residence within two years of such marriage (i.e., as a spousal Immediate Relative or second preference classification); and

• Any child of such alien who also obtains permanent residence through his or her parent’s marriage within 2 years of the marriage.

Note: Confusion can arise regarding to whom a reference is being made (especially in spousal second preference conditional residence situations due to both parties, husband and wife, being aliens). In order to clarify which party is being referred to, the alien who is subject to the IMFA conditions is known as a “conditional permanent resident,” while the citizen or LPR who had filed the I-130 petition on behalf of such alien is known as the “petitioning spouse.”

The section 216 provisions do not apply to:

• An alien who obtains permanent residence through a marriage which is more than two years old at the time of admission or adjustment;

• An alien who obtains permanent residence on a basis other than marriage (e.g., a woman who adjusts through an employment-based petition, even if she is married to a citizen at the time);

• An alien who (regardless of the age of the marriage at the time) obtains permanent residence as an accompanying or following to join dependent of an alien who obtains residence under:

– a special immigrant classification;

– a refugee or asylee classification;

– a preference classification other than second preference;

– any other provision of the Immigration and Nationality Act, or any other law, which allows dependents to accompany or follow to join a principal alien.

Note: It is extremely important that inspectors and adjudicators be very conscious of the date of the marriage at the time the alien is admitted or adjusted. It is not unusual for an alien to be issued a conditional resident immigrant visa by a consular officer shortly before the second anniversary, but to apply for admission after that second anniversary. Likewise, an applicant for adjustment might file a Form I-485 (or even be interviewed regarding such application) prior to the second anniversary, but not be granted adjustment until after that second anniversary. In such cases, the alien should be admitted, or adjusted, without conditions (see 8 CFR 235.11(B) regarding the authority of inspectors to amend the visa classification on an immigrant visa in such situations).

(B) Notification Requirements . The Marriage Fraud Amendments of 1986 require that a conditional permanent resident be notified of his or her obligations under the law at specified points:

• At the time an alien acquires conditional permanent residence through admission to the U.S. 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. The Service will notify the alien of the requirements for removal of the conditions within the ninety days immediately preceding the second anniversary of the date the alien was granted status, and will inform the alien that failure to apply for removal of the conditions will result in automatic termination of the alien's lawful status in the U.S. This notification is done (either verbally or in writing) by the inspector or adjudicator who admits or adjusts the alien to conditional resident status .

• Approximately 90 days before the second anniversary of the date on which the alien obtained conditional permanent residence, the Service must (attempt to) notify the alien a second time of the requirement that the alien and petitioning spouse must file a petition to remove the conditional basis of the alien's lawful permanent residence. The notification will be mailed to the alien's last known address. However, failure on the part of the Service to provide notification (which can occur, for example, if the alien fails to notify the Service of a change of address) does not relieve the alien and the petitioning spouse of the requirement to file a joint petition within 90 days preceding the second anniversary date of the alien's conditional status. This notification is done on an automated basis by the Immigration Marriage Fraud Amendments System . (This system is known in some offices as IMFAS (“im-FASS”) and in others as MFAS (“MAY-fiss”).)

© Filing for Removal of Conditions . There are two vehicles through which the conditional basis of residence may be removed:

(1) Joint Petition . Within the 90-day period immediately preceding the second anniversary date on which the alien obtained permanent residence, the alien and the petitioning spouse must file a Petition to Remove Conditions on Residence (Form I-751) with the Service Center having jurisdiction over the alien's place of residence. Normally, a conditional resident child is included in the joint petition filed by his or her parent and step-parent. The joint petition must be filed within this 90-day window regardless of the amount of physical presence which the alien has accumulated in the U.S. The one exception to this rule is that if either the alien or the petitioning spouse (or both) is outside the U.S. on U.S. government orders, the filing window does not commence until the person(s) on orders returns to the U.S.

(2) Waiver . The conditional permanent resident, acting alone, may apply (also on Form I-751) for a waiver of the requirement to file the joint petition. See 8 CFR 216.5 .The waiver may be filed at any time (i.e., before, during or after the 90-day filing window). The waiver may be sought if the joint petition cannot be filed due to:

• The termination of the marriage through annulment, divorce, or the death of the petitioning spouse;

• The refusal of the petitioning spouse to join in the filing of the petition;

• A conditional resident child being unable to be included in the joint petition of his or her parent (e.g., if the parent died before seeking removal of conditions);

• The conditional resident being unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent; or

• Any other reason which is provided for in the Act.

Note : The alien may cite multiple reasons for filing the waiver application. In fact, other than the battered spouse/child waiver, all reasons MUST be applied for at once. (The battered spouse/child waiver may be sought either in combination with other reasons listed on the same Form I-751, or on a separately-filed Form I-751.)

(d) Ineligibility for Adjustment of Status . Under section 245(d) of the Act, an alien who is a permanent resident on a conditional basis under section 216 of the Act is not eligible for adjustment of status under section 245(a) of the Act. The implementing regulation is 8 CFR 245.1©(5) . In Matter of Stockwell , 20 I & N Dec. 309 (BIA 1991), the Board of Immigration Appeals adopted a narrow interpretation of 8 CFR 245.1©(5) . Under this narrow interpretation, the prohibition against adjustment of status no longer applies if USCIS has terminated the alien's conditional LPR status. In 1996, the Attorney General proposed an amendment to the regulation, so that a conditional permanent resident would remain ineligible for adjustment of status even after termination of conditional LPR status. 61 Fed . Reg . 43,028 (1996). Until the Department of Homeland Security publishes a final rule, and the final rule enters into force, however, USCIS officers are bound to follow Matter of Stockwell . If an officer has a case in which an alien whose conditional LPR status has been terminated is seeking adjustment of status under section 245, the officer should consult with district or service center counsel concerning whether the 1996 proposed rule has been made a final rule.

(e) Documentation .

(1) Joint Petition . A Form I-751 being filed as a joint petition shall be accompanied by evidence that the marriage was not entered into for the purpose of evading the immigration laws of the U.S. Such evidence may include:

• Documentation showing joint ownership of property;

• Lease showing joint tenancy of a common residence;

• Documentation showing commingling of financial resources;

• Birth certificates of children born to the marriage;

• Affidavits of third parties having knowledge of the bona fides of the marital relationship ( Note: the affiant must be available to appear at the joint petitioners’ interview if required); or

• Other documentation establishing that the marriage was not entered into in order to evade the immigration laws of the U.S.

(2) Waiver . A Form I-751 being filed as a waiver application shall be accompanied by:

• Evidence to establish the facts of the case on which the alien is seeking the waiver; and

• Evidence that the marriage was not entered into for the purpose of evading the immigration laws of the U.S., as described in paragraph (1), if the marriage was not entered into for such purposes. However, be aware that the extreme hardship waiver provision does not require that the applicant establish that the marriage was entered into in good faith.

Termination of Status for Failure to File . Failure to properly file Form I-751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the U.S. Form I-751 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was go od cause for the failure to file within the required time period.

(g) Adjudication of the Joint Petition .

(1) Determination of Credibility of Evidence . [section (g)(1) updated 06-20-2006] The director of the regional service center shall review the Form I-751 filed to determine whether to waive the interview required by the Act.

(a) Waive Interview and Accept . If satisfied that the marriage was not for the purpose of evading the immigration laws, the director may waive the interview and approve the petition.

(B) Waive Interview and Deny . If after examining the evidence submitted with an I-751 petition, the Service Center Director finds that the case presents substantial and undisputed evidence that the marriage was to circumvent the immigration laws, the Service Center Director shall deny the case.

© Interview Necessary . In cases where an interview is deemed useful for the adjudication of I-751 petitions, the Service Center Director shall forward the petition, along with the assigned fraud level, to the district director having jurisdiction over the place of the alien's residence.

(2) Assigning Fraud Levels . [section (g)(2) updated 06-20-2006] If an interview is deemed necessary, the case is sent to the Service Center's Adjudications Unit and given to an adjudicator to assign a fraud level. The fraud levels of A, B, and C are assigned to the I-751 based on the documentation submitted with the application. If the adjudicator is fully satisfied that the case is approvable, then a fraud level of C is assigned. If the adjudicator is less than fully satisfied, but still feels that (based on the information available at the time) the case can be approved, then a fraud level of B is assigned. If the adjudicator has serious concerns about the approvability of the case and/or wants the applicant and the spouse to be interviewed, then the case would be assign ed a fraud level of A.

· Reasons for Assigning Fraud Level C. If you assign a fraud level C, it means that there are no technical problems (signatures, missing information, lack of evidence, etc.) and you think the case is approvable (no interview necessary). All required supporting documents are attached and there is no indication of fraud that can be identified in the documents or through the biographic data of the parties involved.

· Reasons for Assigning Fraud Level B. Fraud level B cases are those cases which have no technical problems that need correction and have the minimum number of proper supporting documents, but there is something, or an absence of something (which you may or may not be able to articulate) that creates suspicion about the bona fides of the marriage, the veracity of the evidence, etc. The reasons for suspicion are so varied that a concise list cannot be made. An example would be where the I-751 is supported by t he minimum required number of documents, however the documents are all of recent origin. Remember, though, that a level B case will be approved if the computer randomly does not assign the case to an interview slot, so do not assign a fraud level B if the application and /or supporting documents are insufficient to approve the case.

· Reasons for Assigning Fraud Level A. Fraud level A should be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include:

- the petitioner fails to sign the form;

- there is insufficient evidence;

- a large age difference exists between the spouses;

- the married couple is not living together;

- a prior I-751 was denied;

- the petition was filed untimely without a good reason for being late; or

- any other reasons as the service center director may determine.

Note: The service center adjudicator must indicate when fraud is suspected, rather than a technical omission, to alert the Fraud Detection and National Security (FDNS) Immigration Officer at the District Office.

(3) Entering Cases in the Computer . Once the fraud level is determined, the adjudicator enters the case in the MFAS data base. The district office assigns a percentage to each fraud level. All fraud level A cases are interviewed. The responsible officer (usually the ADDE) in the district offices may choose to interview between 30% to 100% of all fraud level B cases; and between 10% and 50% of all fraud level C cases. After the case is entered in MFAS, the adjudicator enters the fraud level and the computer determines if the case will be sent for interview depending on the percentage of cases the district office wants to interview.

Note: As of May 25, 2001, users of the Marriage Fraud Amendment System (MFAS) can set up their interview schedules up to six months in advance. Additionally, MFAS will now allow users to delete dates from the Interview Calendar, even if there are cases scheduled for that date. Those cases will automatically return to the "Ready for Interview Scheduling" status.

(4) Types of Cases . The following is a breakdown of the Marriage Fraud cases after adjudication by the service center adjudicator, as indicated in the MFAS support system:

(A) Case Granted . These are cases for which MFAS has determined that an interview is not needed after the adjudicator entered the fraud level. The case is stamped with the adjudicator's approval stamp and routed to an application clerk who sends out the approval notice.

(B) Scheduled for Interview . If the computer determines that an interview is required, the MFAS automatically slots the petitioner into an available time slot for the district where the petitioner lives. If all available interview slots are filled for the district office, then a "no schedule" phrase is issued. As soon as an interview time is available, they will be slotted into it. Special care should be taken to verify the address and zip code because the interview site is chosen based on the zip code entered from the I-751 .

© Overseas Holds . These are cases where the petitioner and/or spouse live outside the U.S. The case is held pending until the return of the petitioner and/or spouse for a U.S. address to be entered into the computer. Once a U.S. address is known the case can be entered into the computer to see if an interview is required.

Form I-751s filed by Conditional Permanent Residents ( CPRs) who are currently overseas pursuant to military or government orders and who have valid APO/FPO addresses are not automatically placed on an “ overseas hold .” Instead, the director will review the Form I-751 and supporting documentation filed by the CPR and his or her spouse to determine whether or not to waive the interview requirement.

(D) Terminations . These cases are denied for failure to file. They are put in a 60 day call-up category to give the petitioner and spouse a last chance to file the Form I-751 . If they have not filed after the 60 day call-up time frame has expired, the case is routed to the district office for a Notice to Appear to be issued.

(E) Improperly Classified . These are cases where the petitioner (conditional permanent resident) was incorrectly classified when he/she entered the U.S. (generally because the inspecting or adjudicating officer failed to notice that the alien had been married for at least two years at the time the alien was admitted to the U.S. as a permanent resident or adjusted his/her status to that of a permanent resident). When the adjudicator of the Form I-751 determines that the alien was improperly classified as a conditional resident, the adjudicator should issue the individual a letter telling the alien that he/she was incorrectly classified and advising him/her to go to a district office to file an I-90 for issuance of an I-551 at no cost. The Form I-751 is also processed for a fee refund on Form G-266, and the Form I-751 is counted as a “statistical denial.”

Battered Spouse . The battered spouse's address is verified and then the case is sent to an adjudicator. The address is verified so that notices are not sent to the wrong person. After updating in the computer the case is sent to a District office for interview.

(G) OASIS Flag . [(B)(2) or (B)(7)(E)]

(5) Inability of Child to Be Included in Joint Petition . As a matter of administrative convenience, the regulations allow a conditional resident child who is unable to be included in his/her parents’ joint petition to file an separate Form I-751. (This could also be thought of as a hardship issue since otherwise the child would be separated from his or her parent, but the child filing such petition need not document extreme hardship.) Circumstances under which this situation might arise include:

• A child whose conditional resident parent has died;

• A child who entered the U.S. more than 90 days after his conditional resident parent and therefore does not have sufficient residence in the U.S. to qualify for removal of conditions on the joint petition (but verify that the parent and step-parent’s joint petition has been granted before approving the child’s petition); and

• Any other circumstances whereby in the determination of the director, the child is prevented from being included in the joint petition of his or her parent and step-parent through no fault of the child or his or her parents.

In adjudicating the separate petition of a child, you must be satisfied that the conditional residence status was not obtained through fraud and that the petition’s approval would not further a fraud scheme. For example, you would not approve a separate petition filed by a child which would enable an otherwise ineligible parent (who obtained conditional status through a questionable marriage) to make a stronger case for an extreme hardship waiver.