Missed I-751 Deadline NEED HELP!

[PKitty 0]

We never recieved anything in the mail from the USCIS regarding filing the I-751 from conditional status to permanent. My husband's green card expired 5/23/09, and we received a letter from the USCIS yesterday terminating his status. I contacted our lawyer and they said that we cannot file a delinquent I-751 at this point, and that our only option is to refile for a permanent green card. This as you know is a lengthy and expensive process. Is there anything else that we can do?? Please help asap!

Thank you.

[Chica Yeyé 41]

USCIS does not have a n obligation to remind you of your obligation to file, so the fault is on you. Now, I have heard of people filing late; yet I am not sure what would be the case here, since yoiur husband status has been terminated. Has he been placed in removal procedures? what exactly does the letter say?

[Otto 83]

Is there anything else that we can do?? Please help asap!

Am not sure you have much other choice - I'd go with what your attorney has suggested.

From the I-751 Instructions:

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.

[PKitty 0]

USCIS does not have a n obligation to remind you of your obligation to file, so the fault is on you. Now, I have heard of people filing late; yet I am not sure what would be the case here, since yoiur husband status has been terminated. Has he been placed in removal procedures? what exactly does the letter say?

The letter is entitled "Termination of Conditional Resident Status". It says that since we didn't file the I-751 by the expiration date, the perm residence status has been terminated. Then it says that we may request review of this determination in deportation proceedings. That the burden of proof is upon us to establish compliance with the requirement to file. That we may be represented by an attorney that may assist us in the preparation of our request for review and hearing and may examine the evidence upon which this determination was based.

Sounds scary.

[Chica Yeyé 41]

It is scary; and yes, you should be worried.

Why didn't you file the I-751? Like Otto said, there are ways to explain to USCIS the reasons why you didn't file (don't tell me you guys "forgot")

[PKitty 0]

It is scary; and yes, you should be worried.

Why didn't you file the I-751? Like Otto said, there are ways to explain to USCIS the reasons why you didn't file (don't tell me you guys "forgot")

Our attorney said we would get something in the mail explaining the next step "in a couple of years", and not to worry about it... I didn't even realize there was another form to file, thought the next step would be citizenship if he desired to apply.

[TracyTN 237]

Yet another attorney screwing someone up! Too bad you weren't an avid reader here or you would have known that USCIS won't necessarily send you a notice (we got one but that does NOT seem to be status quo). Not to mention you may have had a better grasp on the overall process itself - and would have known there was a 'step' between the GC and naturalization.

I'm curious - how does this genius attorney suggest that you 'reapply' for a green card? On what basis and using which forms?

Edited November 16, 2009 by TracyTN

[Otto 83]

Sounds scary.

Yes it does (unfortunately) - the window to file opened almost 9 months ago and closed almost 6 months ago - that is not good. It is critical that your attorney get on top of this as soon as possible (I wouldn't count on it taking a 'couple of years' though).

[PKitty 0]

Yet another attorney screwing someone up! Too bad you weren't an avid reader here or you would have known that USCIS won't necessarily send you a notice (we got one but that does NOT seem to be status quo). Not to mention you may have had a better grasp on the overall process itself - and would have known there was a 'step' between the GC and naturalization.

I'm curious - how does this genius attorney suggest that you 'reapply' for a green card? On what basis and using which forms?

Yes I am very frustrated that I didn't know about the middle step. If she would have made it more clear to me than I for sure would have followed up myself... I'm an accountant I'm all about deadlines and forms, and I'm very upset with myself for not doing more research to educate myself on the process. I should never have relied on outside sources for something so important.

The attorney didn't provide a basis, but she was re-assuring and said that there was no reason to worry about deportation since we are not engaging in fraudulent behavior and that we are still married. She said our only option was to re-file and asap for a permanent (10 year) green card. She sent me the G325A form.

[Rings 10]

This goes to show that understanding the process that you are going through is beneficial to you. No one is going to care about your immigration like you will. Attorneys are not always looking out for your better interests. You are most likely going to need an attorney at this point nevertheless.

[PKitty 0]

Sounds scary.

Yes it does (unfortunately) - the window to file opened almost 9 months ago and closed almost 6 months ago - that is not good. It is critical that your attorney get on top of this as soon as possible (I wouldn't count on it taking a 'couple of years' though).

Yes she said that we should come in this week. The "couple of years" comment she made was when we received his green card last time. You think that this process could take more than that?

[Dakine 26]

Yet another attorney screwing someone up! Too bad you weren't an avid reader here or you would have known that USCIS won't necessarily send you a notice (we got one but that does NOT seem to be status quo). Not to mention you may have had a better grasp on the overall process itself - and would have known there was a 'step' between the GC and naturalization.

I'm curious - how does this genius attorney suggest that you 'reapply' for a green card? On what basis and using which forms?

Yes I am very frustrated that I didn't know about the middle step. If she would have made it more clear to me than I for sure would have followed up myself... I'm an accountant I'm all about deadlines and forms, and I'm very upset with myself for not doing more research to educate myself on the process. I should never have relied on outside sources for something so important.

The attorney didn't provide a basis, but she was re-assuring and said that there was no reason to worry about deportation since we are not engaging in fraudulent behavior and that we are still married. She said our only option was to re-file and asap for a permanent (10 year) green card. She sent me the G325A form.

No need a G325A to file a I-751! Your attorney may be lacking in her knowledge.

At this time you are basically a illegal alien and can't work.

Edited November 16, 2009 by Dakine

[Coco&Kitten 42]

It is scary; and yes, you should be worried.

Why didn't you file the I-751? Like Otto said, there are ways to explain to USCIS the reasons why you didn't file (don't tell me you guys "forgot")

I agree, that is not good... You guys should get a good lawyer right away and see what he can do, unless you have a believable excuse for missing the deadline, you will have to re-apply for a new GC.

[PKitty 0]

Yet another attorney screwing someone up! Too bad you weren't an avid reader here or you would have known that USCIS won't necessarily send you a notice (we got one but that does NOT seem to be status quo). Not to mention you may have had a better grasp on the overall process itself - and would have known there was a 'step' between the GC and naturalization.

I'm curious - how does this genius attorney suggest that you 'reapply' for a green card? On what basis and using which forms?

Yes I am very frustrated that I didn't know about the middle step. If she would have made it more clear to me than I for sure would have followed up myself... I'm an accountant I'm all about deadlines and forms, and I'm very upset with myself for not doing more research to educate myself on the process. I should never have relied on outside sources for something so important.

The attorney didn't provide a basis, but she was re-assuring and said that there was no reason to worry about deportation since we are not engaging in fraudulent behavior and that we are still married. She said our only option was to re-file and asap for a permanent (10 year) green card. She sent me the G325A form.

No need a G325A to file a I-751! Your attorney may be lacking in her knowledge.

At this time you are basically a illegal alien and can't work.

So you think that we should still file a delinquent I-751 instead?

[Dakine 26]

Yet another attorney screwing someone up! Too bad you weren't an avid reader here or you would have known that USCIS won't necessarily send you a notice (we got one but that does NOT seem to be status quo). Not to mention you may have had a better grasp on the overall process itself - and would have known there was a 'step' between the GC and naturalization.

I'm curious - how does this genius attorney suggest that you 'reapply' for a green card? On what basis and using which forms?

Yes I am very frustrated that I didn't know about the middle step. If she would have made it more clear to me than I for sure would have followed up myself... I'm an accountant I'm all about deadlines and forms, and I'm very upset with myself for not doing more research to educate myself on the process. I should never have relied on outside sources for something so important.

The attorney didn't provide a basis, but she was re-assuring and said that there was no reason to worry about deportation since we are not engaging in fraudulent behavior and that we are still married. She said our only option was to re-file and asap for a permanent (10 year) green card. She sent me the G325A form.

No need a G325A to file a I-751! Your attorney may be lacking in her knowledge.

At this time you are basically a illegal alien and can't work.

So you think that we should still file a delinquent I-751 instead?

Immigration law requires that the joint petition (form I-751) be filed within the 90 day period prior to the expiration of Conditional Permanent Residency. Residency terminates on the two year anniversary of the grant of residency, if an I-751 has not been filed. So you are technically out of status for failure to file an I-751, and clearly, you are not authorized to travel or work at this time.

Filing of the I-751 immediately with a full explanation of why you did not timely file it is one thing you can do at this point. The filing will generate a receipt which will extend your residency for one year, during which time you will likely be called in for an interview at a local office of the USCIS. Whether the late filing is accepted or rejected will depend on the reasons you give for the late filing and the immigration officer's determination of whether those reasons show good cause. Also be prepared to prove the continuing bona fides and viability of your marriage by presenting joint ownership of property, joint tenancy, commingled assets, and so forth.

I would urge you to retain the services of a skilled immigration lawyer before filing anything with he USCIS.