Missed I-751 Deadline NEED HELP!

[TracyTN 237]

I know people have applied late and been approved, but I guess I don't remember seeing one where they were already sent a notice stating their status was terminated, then they filed and were ok.

[rebeccajo 14]

From the new USCIS memo dated October 9, 2009, referenced above:

4 Process Changes

B. I-751 petition filed by a CPR currently in removal proceedings

USCIS has original jurisdiction over all pending I-751 petitions. An IJ cannot review an I-751 petition pertaining to a CPR in proceedings unless USCIS has first adjudicated the petition on its merits. If a CPR is in proceedings and USCIS has not yet adjudicated an I-751 filed by that CPR, USCIS must first adjudicate that petition. An I-751 petition should not be held in abeyance or denied by a service center solely because the CPR is in pending removal proceedings. If the IJ has administratively closed the proceedings to await a decision by USCIS on the I-751 petition, the ISO will expedite adjudication and route the file through appropriate channels to the ICE Office of Chief Counsel having jurisdiction over the proceedings.

So if the OP is in removal proceedings, it looks like the I-751 can still be adjudicated (though they would still have to give an acceptable reason for filing so late).

The paragraph above the quoted one does state that once a final administrative order for removal has been issued by an IJ, an I-751 will be denied.

It is my understanding the OP is not yet in removal proceedings. Next scheduled step is a hearing.

I guess what made me question that was the reason they'd have to give. 'Our attorney told us wrong' is unlikely to be a reason that would fly. I don't suppose it could hurt, though, but I'd still be hard pressed to spend $545 on something I wasn't sure would work. Particularly if I'd still likely have to fork out more $ for an attorney. But maybe desperate times call for desperate measures. I don't suppose it could hurt them any to have a pending I 751, though, even with a weak 'reason' for the late filing.

I dunno - 'our attorney told us wrong' MIGHT be a good reason. Depends on how the facts are presented.

Edited November 17, 2009 by rebeccajo

[TracyTN 237]

It might be, but my thought is ignorance about the process and your own status is really no excuse. Just because an attorney didn't tell you correctly should still at least make you think 'hmm I wonder what happens when the date on this green card passes?'

Or maybe I am just jaded.

[rebeccajo 14]

It might be, but my thought is ignorance about the process and your own status is really no excuse. Just because an attorney didn't tell you correctly should still at least make you think 'hmm I wonder what happens when the date on this green card passes?'

Or maybe I am just jaded.

We get that way, don't we?

Anywho - google is our friend. I just found this thread from another forum. Seems you can file I751 late with a 'beg letter' or start all over again with I485. The OP in this linked thread was successful with re-filing I751. The thread is noteworthy as it is an account of recent events. The OP never does though, disclose why they waited so late to file.

http://discuss.ilw.com/eve/forums/a/tpc/f/...441/m/780108621

[TracyTN 237]

Good find. Still sounds like getting a (more competent) attorney is the way to go no matter what they actually end up filing.

[Spoom 8]

Stay calm.

You're in very, very serious territory here, but there are still several avenues available as people have mentioned. I cannot say enough how badly your attorney has screwed you over here. Immediately fire them and request a refund of any fees paid, because due to their negligence, you are now shortly going to be in removal proceedings if you do not immediately file a petition of some kind. If it comes down to it, you would almost certainly win a lawsuit against them for your fees.

After firing your attorney, find a better one, and investigate the possible options available to you.

If I were in your position, I would setup an InfoPass appointment and talk to USCIS, bringing all documentation available from your attorney stating that he told you to wait for a USCIS notice to file for removal of conditions. It may not help, but I don't think it would prejudice your case in their eyes either. If they say that's not good enough, you can always file for another I-130 spousal petition as mentioned.

[CaninCali 0]

I know people have applied late and been approved, but I guess I don't remember seeing one where they were already sent a notice stating their status was terminated, then they filed and were ok.

[CaninCali 0]

I know people have applied late and been approved, but I guess I don't remember seeing one where they were already sent a notice stating their status was terminated, then they filed and were ok.

I agree. I could swear that I saw a thread like this, back a month or so ago, where the person forgot to file, filed what I think was a few months late (with an explanation as to why they "forgot" to file), and was approved. I'm just not sure if they filed after receiving the deportation letter. I'll check around for the thread and if I find it - will pass on the information.

[TracyTN 237]

[PKitty 0]

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

I would go for the Infopass before forking 545. But that's just me

Yeah I would also if you can get an appointment RIGHT away . If not I'd pay the dough and hope for the best.

$545 is nothing compared what they will pay for a lawyer and whatever down the line if they go into removal proceedings.

They "may" get a 1 year extension letter as others have done filing late. What happens after that is beyond me and most everyone else here on VJ.

Thanks for all of your advice, guys. I actually spoke to the USCIS and they agreed with my lawyer that we should re-file asap for a permanent green card. They said that if we file before they schedule a hearing we won't go into removal proceedings. They also said that I have an option to file a late I-751 with the reason that I was not notified by my lawyer, which will result in an automatic 1 year extension. However, if it is denied, he will automatically be placed in removal proceedings and we would have to file for his green card while he is in his country of origin. I am not willing to take that risk, especially because by then we plan to start trying for children. So we have decided to file for the perm green card, appointment on Thursday. I have also made an infopass appointment for next week... don't want anything to slip through the cracks this time!

[Chica Yeyé 41]

Excellent. Please keep us posted.

[rebeccajo 14]

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

I would go for the Infopass before forking 545. But that's just me

Yeah I would also if you can get an appointment RIGHT away . If not I'd pay the dough and hope for the best.

$545 is nothing compared what they will pay for a lawyer and whatever down the line if they go into removal proceedings.

They "may" get a 1 year extension letter as others have done filing late. What happens after that is beyond me and most everyone else here on VJ.

Thanks for all of your advice, guys. I actually spoke to the USCIS and they agreed with my lawyer that we should re-file asap for a permanent green card. They said that if we file before they schedule a hearing we won't go into removal proceedings. They also said that I have an option to file a late I-751 with the reason that I was not notified by my lawyer, which will result in an automatic 1 year extension. However, if it is denied, he will automatically be placed in removal proceedings and we would have to file for his green card while he is in his country of origin. I am not willing to take that risk, especially because by then we plan to start trying for children. So we have decided to file for the perm green card, appointment on Thursday. I have also made an infopass appointment for next week... don't want anything to slip through the cracks this time!

Are you saying you have an appointment with an attorney on Thursday?

[CaninCali 0]

http://www.visajourney.com/forums/index.php?showtopic=212142

Here is one thread that I found - but it's not the one I was looking for. I know there's another one ... maybe keep looking around ... possibly it wasn't in the "Removing Conditions" section? There was a gentleman who forgot to file for his wife - but it turned out all good - just by simply sending in the application late. The above thread is a little different from your circumstance as they were travelling and his wife was denied re-entry into the country - but they still managed to apply late - and be approved! Keep on thinking positive!!! Unfortunately, these things happen in life, don't dwell on how you could've done things differently in the past (because I'm sure you've learned your lesson from this!), just focus your energy on how to move forward. Best of luck!!!

[Dakine 26]

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

I would go for the Infopass before forking 545. But that's just me

Yeah I would also if you can get an appointment RIGHT away . If not I'd pay the dough and hope for the best.

$545 is nothing compared what they will pay for a lawyer and whatever down the line if they go into removal proceedings.

They "may" get a 1 year extension letter as others have done filing late. What happens after that is beyond me and most everyone else here on VJ.

Thanks for all of your advice, guys. I actually spoke to the USCIS and they agreed with my lawyer that we should re-file asap for a permanent green card. They said that if we file before they schedule a hearing we won't go into removal proceedings. They also said that I have an option to file a late I-751 with the reason that I was not notified by my lawyer, which will result in an automatic 1 year extension. However, if it is denied, he will automatically be placed in removal proceedings and we would have to file for his green card while he is in his country of origin. I am not willing to take that risk, especially because by then we plan to start trying for children. So we have decided to file for the perm green card, appointment on Thursday. I have also made an infopass appointment for next week... don't want anything to slip through the cracks this time!

I'd do the infopass before you do anything as the operators at the USCIS service number OFTEN give incorrect information.

[PKitty 0]

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

I would go for the Infopass before forking 545. But that's just me

Yeah I would also if you can get an appointment RIGHT away . If not I'd pay the dough and hope for the best.

$545 is nothing compared what they will pay for a lawyer and whatever down the line if they go into removal proceedings.

They "may" get a 1 year extension letter as others have done filing late. What happens after that is beyond me and most everyone else here on VJ.

Thanks for all of your advice, guys. I actually spoke to the USCIS and they agreed with my lawyer that we should re-file asap for a permanent green card. They said that if we file before they schedule a hearing we won't go into removal proceedings. They also said that I have an option to file a late I-751 with the reason that I was not notified by my lawyer, which will result in an automatic 1 year extension. However, if it is denied, he will automatically be placed in removal proceedings and we would have to file for his green card while he is in his country of origin. I am not willing to take that risk, especially because by then we plan to start trying for children. So we have decided to file for the perm green card, appointment on Thursday. I have also made an infopass appointment for next week... don't want anything to slip through the cracks this time!

Are you saying you have an appointment with an attorney on Thursday?

We're filing on Thursday. Do you think it's necessary to file using an attorney? I want to just in case something extra goes down, but my husband said he doesn't want to spend the extra money since we got screwed over by the last one.