Missed I-751 Deadline NEED HELP!

[Coco&Kitten 42]

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.

This shows she (the attorney) is lost and sleeping, and was not looking for your best interest. Get another one more competent!

[Dakine 26]

More info!

Consequences of Filing Your I-751 Late

Posted Fri, 03/13/2009 - 20:34 by Phil

Adjustment of Status

All lawful permanent residents who gain their residency through marriage to a U.S. are granted conditional lawful permanent residency. (*Unless you had been married for 2 years or more at the time you applied for residency.) The conditional residency expires after two years. Conditional lawful permanent residents must apply to remove the conditions on their residency during the 90 day period before their conditional residency expires. Failure to file a timely petition to remove the conditions on your residency can have dire consequences.

Failure to File the I-751

If you fail to file Form I-751 to remove the conditions on your residency your conditional lawful permanent residency will be revoked and you will be subject to removal from the United States.

Filing the I-751 Late

If you forgot to file your I-751 in the 90 day period before your conditional residency expired you may file a late petition. The USCIS may approve a late petition if the petitioners can show "good cause" for the late filing and amount of time that it is filed late is "reasonable" under the circumstances. The USCIS is very strict about this and carefully scrutinizes petitions that are filed very late. Thus, if your petition is very late (more than a month or so) you must have a very good excuse that is well supported and documented in your petition.

When Your I-751 is Denied

If your I-751 is filed late and it is denied for that reason your lawful permanent residency will be terminated and you will be placed in removal proceedings. You will be out-of-status and will not be eligible to adjust your status which means you will have to depart the United States.

Your U.S. Citizen spouse can then file a new immigrant visa petition for you and, if approved, you can apply for a new immigrant visa abroad.

The best thing to do is to make sure that you mark your calendar and make sure you file your I-751 on time. Failure to do so can result in loss of lawful permanent residency and great hardship for your and your family.

However, if you have failed to file your I-751 in a timely fashion you should consult with an immigration attorney immediately

[Darnell 8,478]

We never recieved anything in the mail from the USCIS regarding filing the I-751 from conditional status to permanent.

and you won't, ever.

It was up to your or your spouse to keep track of the 2 year timeline from when the first greencard was issued. No Fed Agency will send you a reminder.

Sorry for this oversight, but...

You'll have to file something else, almost immediately, or he'll be scheduled for a deportation hearing.

Good Luck, however it all turns out.

[JeanneVictoria 55]

We received a "reminder" notice a week after we filed! Was VERY surprised to say the least!

[calitoday 0]

It is your fault for not keep tracking on the expiration date of your husband's greencard. When you guy get an approved notice for 2 year greencard, it states in that letter you guy need to file for the removing of your husband's conditional greencard. For my letter, it states exactly date when I need to file. So, for my opinion, you guy should get another lawyer to get the idea. If in the worst case, you guy need to re-apply for the greencard and for sure, you guy will receive 10 year greencard since you guy are still married for over two years.

[Otto 83]

It is your fault for not keep tracking on the expiration date of your husband's greencard.

I don't think this is helpful to the OP...

[TracyTN 237]

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.

Shows you what your attorney knows - more like DOESN'T know...!

Personally I'd get another attorney - one who actually knows what they're doing - and see what they say. I don't think a new I 751 does you any good because you've already been denied. But I'm not an attorney. Though I'm not sure the first one you had should call herself one either.

[Chica Yeyé 41]

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.

Shows you what your attorney knows - more like DOESN'T know...!

Personally I'd get another attorney - one who actually knows what they're doing - and see what they say. I don't think a new I 751 does you any good because you've already been denied. But I'm not an attorney. Though I'm not sure the first one you had should call herself one either.

I concur. I am not sure they will even accept their I-751 this late in the game. To the OP: get a really good immigration attorney, and be prepared for a long and tortuous process.

[robbyrob 2]

I agree get yourself a good immigration lawyer, one who only deals with immigration and get that I-751 in to them asap even if it is late.

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.

[TracyTN 237]

I agree get yourself a good immigration lawyer, one who only deals with immigration and get that I-751 in to them asap even if it is late.

Preferably family based immigration. Employment based immigration lawyers may not understand all the nuances of this situation.

[Dakine 26]

File the I-751 ASAP. You may be surprised. May not be also but it doesn't hurt to submit it.

[Chica Yeyé 41]

File the I-751 ASAP. You may be surprised. May not be also but it doesn't hurt to submit it.

In their case I doubt they would even accept it Dakine --- they are not only late, but already in removal procedures and out of status. They waited way too long.

[TracyTN 237]

File the I-751 ASAP. You may be surprised. May not be also but it doesn't hurt to submit it.

Except it is likely $600 wasted. I don't know anyone who could afford to do that. I'd rather be told by a professional that it wouldn't just be $600 down the toilet.

[Fred N Emilia 0]

In our AOS interview the Immigration Officer/Interviewer made it clear that USCIS will or will not remind you and that it is your sole responsibility to make yourself remember. He also said that we (USCIS) can and will most of the time drop the ball in remembering. And here's an example now. I have our reminder date on our fridge, outlook calendar, post it! anything to get us to remember..........This is scary.

[Dakine 26]

I myself would risk the $545. At the same time make a infopass appointment and see what they say.