Missed I-751 Deadline NEED HELP!

[rebeccajo 14]

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.

Yes I think you need a GOOD QUALIFIED FAMILY IMMIGRATION expert. Not just any attorney.

Does your husband realize the letter you received is talking about the potential of a courtroom hearing?

There are times you need an attorney. This is one of them.

What is the filing on Thursday bit? Do you have an Infopass appointment on Thursday? You can't submit your application at that appointment - if that's what you mean................

Edited November 17, 2009 by rebeccajo

[PKitty 0]

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.

Yes I think you need a GOOD QUALIFIED FAMILY IMMIGRATION expert. Not just any attorney.

Does your husband realize the letter you received is talking about the potential of a courtroom hearing?

There are times you need an attorney. This is one of them.

What is the filing on Thursday bit? Do you have an Infopass appointment on Thursday? You can't submit your application at that appointment - if that's what you mean................

Yeah that's what I told him. No, the Thursday appointment is with the attorney to file the paperwork. I couldn't get an infopass appointment until next week but I don't want to wait on the filing. I'm going to keep the appt with USCIS to make sure we're going down the right avenue and if there is anything additional we need to be doing.

[rebeccajo 14]

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.

Yes I think you need a GOOD QUALIFIED FAMILY IMMIGRATION expert. Not just any attorney.

Does your husband realize the letter you received is talking about the potential of a courtroom hearing?

There are times you need an attorney. This is one of them.

What is the filing on Thursday bit? Do you have an Infopass appointment on Thursday? You can't submit your application at that appointment - if that's what you mean................

Yeah that's what I told him. No, the Thursday appointment is with the attorney to file the paperwork. I couldn't get an infopass appointment until next week but I don't want to wait on the filing. I'm going to keep the appt with USCIS to make sure we're going down the right avenue and if there is anything additional we need to be doing.

Good to hear.

Make sure your attorney realizes your expectations. If he/she is an expert in family cases, they are going to realize right away the gravity of your situation. Whatever you file has to be filed right away. Don't be afraid to let your attorney know what you expect.

[resilient 2]

I was browsing USCIS site for my case and I remembered I read your post earlier this evening.

Look what I found on their memorandum page, it MIGHT help you somehow, as it seems to be your case exactly!

http://www.uscis.gov/memoranda

October, 2009

Adjudication of Form I-751, Petition to Remove Conditions on Residence Where the CPR Has a Final Order of Removal, Is in Removal Proceedings, or Has Filed an Unexcused Untimely Petition or Multiple Petitions ( PDF)

Additions to Adjudicator's Field Manual, Chapter 25.1(g)(6) and 25.1(h)(4) and Appendix XXXX (AFM Update AD09-48) Donald Neufeld, Acting Associate Director, Domestic Operations 10/09/2009

10/09/2009

Hope this helps... directly from the them!

[Gaby&Talbert 1]

I was browsing USCIS site for my case and I remembered I read your post earlier this evening.

Look what I found on their memorandum page, it MIGHT help you somehow, as it seems to be your case exactly!

http://www.uscis.gov/memoranda

October, 2009

Adjudication of Form I-751, Petition to Remove Conditions on Residence Where the CPR Has a Final Order of Removal, Is in Removal Proceedings, or Has Filed an Unexcused Untimely Petition or Multiple Petitions ( PDF)

Additions to Adjudicator's Field Manual, Chapter 25.1(g)(6) and 25.1(h)(4) and Appendix XXXX (AFM Update AD09-48) Donald Neufeld, Acting Associate Director, Domestic Operations 10/09/2009

10/09/2009

Hope this helps... directly from the them!

so according to this the very best thing is to file the 751 no matter how late you are and it will stop any final removal proceedings and be sent to a field office for an interview. This seems much better than starting everything from the beginning again.

[nickles only 0]

so it's not to late to file then. my wife just called me and told me that she got a letter in the mail. from what she told me it sounds like that same letter that you are talking about.

[w8inglongtime 29]

It is true that a lot of people file late but the question is how late is too late? If it is 30-60 days, I can see uscis letting it slide with a not so strong excuse but when it's so late that they actually close your case and are looking towards putting the op in RP, then it's a whole new ball game. I would suggest the OP talks to a competent attorney before forking over $545.00 in these hard times. I read a quote where someone pointed that uscis has an obligation to remind us when it's time to file for I-751. That maybe true but it won't be wise to expect them to act on it. It's your green card not thiers so you should take initiative. How is the OP driving? Didn't his drivers licence expire together with the green card? That should have been the ultimate reminder to do something about his status. I don't think telling uscis that the lawyer screwed things will fly.

[TracyTN 237]

I read a quote where someone pointed that uscis has an obligation to remind us when it's time to file for I-751. That maybe true but it won't be wise to expect them to act on it. .

Actually it's the opposite - they have NO obligation to 'remind' us.

[SirLancelot 1]

I read a quote where someone pointed that uscis has an obligation to remind us when it's time to file for I-751. That maybe true but it won't be wise to expect them to act on it. .

Actually it's the opposite - they have NO obligation to 'remind' us.

Becky has already proven to you--and everyone else in this thread--that they do have an obligation, but unfortunately there doesn't appear to be any penalty if they fail in this obligation. So while it may be true that USCIS gets away with not reminding applicants because they don't get penalized if they don't, they are still obligated to remind us.

Incidentally, we did receive a reminder letter from USCIS right around the 90 day mark prior to wife's GC expiration date. I was surprise as I was not expecting USCIS to send out such a letter. Still they did.

Given the Oct 9 memo, it seems the best course of action for OP is to file a I-751. Get that into the system. It can only help. It can't hurt. Consulting a qualified and competent immigration attorney should also be a high priority now.

Good luck OP.

[v333k 59]

I am sorry to hear about the difficult situation that you are in...

My experience was during the AOS interview, the USCIS officer clearly mentioned that we will have to apply for ROC 90-days before expiration. She also added that we will not necessarily receive a "reminder letter" and that was it.

Hope things work out well for you.

[TracyTN 237]

Becky has already proven to you--and everyone else in this thread--that they do have an obligation, but unfortunately there doesn't appear to be any penalty if they fail in this obligation. So while it may be true that USCIS gets away with not reminding applicants because they don't get penalized if they don't, they are still obligated to remind us.

Incidentally, we did receive a reminder letter from USCIS right around the 90 day mark prior to wife's GC expiration date. I was surprise as I was not expecting USCIS to send out such a letter. Still they did.

Given the Oct 9 memo, it seems the best course of action for OP is to file a I-751. Get that into the system. It can only help. It can't hurt. Consulting a qualified and competent immigration attorney should also be a high priority now.

Good luck OP.

Who the ??!(@( is Becky?

I guess we'll just have to agree to disagree. Nothing I have ever read from USCIS implies any obligation on their part to remind you of squat. Just the opposite, in fact.

From the USCIS letter sent with the approval of the original green card, "Your new card will expire two years from when you become a permanent resident. By law your resident status is conditional, and you must apply to remove those conditions before your card expires. We receommend you apply several months before your card expires." No mention of any interaction from them.

From the '"Welcome to the United States" pamphlet, "You need to know what forms to fill out and how to meet important deadlines, and what activities you should avoid if you want to become a US citizen later."

We got a letter prior to the 90 day mark, too - whoop dee doo. Many other people don't receive such a letter. Bottom line is it's your status and your responsibility - it's not the USCIS' responsibility to be your babysitter.

[nickles only 0]

so it's not to late to file then. my wife just called me and told me that she got a letter in the mail. from what she told me it sounds like that same letter that you are talking about.

well i sent off the packet late on the 25 NOV 09 and they received it the 30 NOV 09. I am hoping to get somthing in the mail soon. I will keep you guys informed about what happens. I do have a question for you guys, how do you know when they cash the money order? do they tell you in the NOA letter or whats the deal. Any info would be nice.

[TracyTN 237]

If you get a NOA letter, then you'll know they cashed the money order.

[nickles only 0]

so it's not to late to file then. my wife just called me and told me that she got a letter in the mail. from what she told me it sounds like that same letter that you are talking about.

well i sent off the packet late on the 25 NOV 09 and they received it the 30 NOV 09. I am hoping to get somthing in the mail soon. I will keep you guys informed about what happens. I do have a question for you guys, how do you know when they cash the money order? do they tell you in the NOA letter or whats the deal. Any info would be nice.

I forgot to mention that we have been married for 4 years now. Isn't the temperary green card for people that have been married for less than 2 years? Well my wife got her green card on 14 AUG 07 and our 2 year anniversary was 12 OCT 07. Now that her card expiered on 14 Aug 09, we have been marred 4 years will that help us out in our case. Also I didn't send any pic or anything, did I mess up by not sending anything with the I-751. I have a ton of pictures and stuff that proves that we are married, and we also have had a beautiful little girl since she received her temperary green card. she just turned two on 3 NOV 09.

[Kathryn41 3,205]

so it's not to late to file then. my wife just called me and told me that she got a letter in the mail. from what she told me it sounds like that same letter that you are talking about.

well i sent off the packet late on the 25 NOV 09 and they received it the 30 NOV 09. I am hoping to get somthing in the mail soon. I will keep you guys informed about what happens. I do have a question for you guys, how do you know when they cash the money order? do they tell you in the NOA letter or whats the deal. Any info would be nice.

I forgot to mention that we have been married for 4 years now. Isn't the temperary green card for people that have been married for less than 2 years? Well my wife got her green card on 14 AUG 07 and our 2 year anniversary was 12 OCT 07. Now that her card expiered on 14 Aug 09, we have been marred 4 years will that help us out in our case. Also I didn't send any pic or anything, did I mess up by not sending anything with the I-751. I have a ton of pictures and stuff that proves that we are married, and we also have had a beautiful little girl since she received her temperary green card. she just turned two on 3 NOV 09.

There is no 'temporary' green card - there is a conditional green card - the condition being that it is for 2 years and you need to prove the validity of your marriage before you get a 10 year card. Anyone who is married for less than 2 years when the green card is approved is supposed to receive the 2 year conditional card and needs to apply to remove the 'conditions' within the 90 day window before the 2nd anniversary of the green card date. We were married nearly 4 years when I applied to remove conditions as well - married June 19, 2004 and my green card was approved May 26, 2006 so we were approved about 3 weeks before we would be eligible for a 10 year card.

If you sent lots of other good evidence - and the birth certificate of your child is very good evidence - you should be fine without photographs. Good luck.