adjustments of status is denied

[payxibka 10,045]

Even if they did file the proper paperwork for Removal of Conditions, if it was received by USCIS after the Conditional Greencard expired then they are SOL as USCIS makes it very clear the ROC Application MUST BE RECEIVED PRIOR TO THE EXPIRATION OF THE CONDITIONAL GREENCARD which is why we are given a 90 window BEFORE this date to apply.

Actually not, if you re-read the I-751 instructions, a late filed I-751 is not automatic grounds for denial.

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.

Edited January 14, 2010 by payxibka

[Deputy Purple 1,294]

Actually not, if you re-read the I-751 instructions, a late filed I-751 is not automatic grounds for denial.

I haven't read the instruction yet, we're 20 months away from filing for ROC and the form may change between now & then so I'm not spending time worrying about it yet (will download the current form in 19 months and file exactly 90 days prior to wife & son's expiry date).

Regarding the OP, the denial reason he was given was that it was filed late.

[noorah 0]

Are you talking about being denied for Removal Of Conditions? That would make a lot more sense.

I think so I am new ( is and advice what to do

[noorah 0]

Even if they did file the proper paperwork for Removal of Conditions, if it was received by USCIS after the Conditional Greencard expired then they are SOL as USCIS makes it very clear the ROC Application MUST BE RECEIVED PRIOR TO THE EXPIRATION OF THE CONDITIONAL GREENCARD which is why we are given a 90 window BEFORE this date to apply.

yes you 100%

so is any advice please ? do I need attorney for this ?

[payxibka 10,045]

I haven't read the instruction yet, we're 20 months away from filing for ROC and the form may change between now & then so I'm not spending time worrying about it yet (will download the current form in 19 months and file exactly 90 days prior to wife & son's expiry date).

Regarding the OP, the denial reason he was given was that it was filed late.

but you were fairly adamant about the OP being SOL because he was late, when it is simply not the situation as you are not automatically SOL. There are several members who filed late and were still successful

Edited January 14, 2010 by payxibka

[noorah 0]

In the latter I received from USCIS state clear is no written explanation why we fail late.

do I need attorney for this

[Minya's wife 24]

In the latter I received from USCIS state clear is no written explanation why we fail late.

do I need attorney for this

You should probably speak with an immigration attorney. Why did you file late? Exigent circumstances can be taken into consideration, but they must be very compelling. Did you include any explanation with you application for your late filing? Does your denial letter give you options, and/or instructions for appealing your case?

[Bocajr27 3]

In the latter I received from USCIS state clear is no written explanation why we fail late.

do I need attorney for this

An attorney may not be necessary if you feel you can take care of this on your own. That being said, you've already been confused by AOS and ROC. I would recomend that (if you can afford one) get yourself a lawyer. Mario Lovo is an immigration attorney in Miami. He's a few blocks west of the Palmeto Expressway and Flagler Street. His number is (305) 229-1994.

Good Luck

Edited January 14, 2010 by Bocajr27

[Deputy Purple 1,294]

but you were fairly adamant about the OP being SOL because he was late, when it is simply not the situation as you are not automatically SOL. There are several members who filed late and were still successful

I don't know that I was "fairly adamant", I simply stated it once and then uppercased the information regarding when the ROC should be filed.

At the least the OP is "behind the 8-ball" on this as they have already received a denial with the reason being that their application was received after the expiry of the conditional greencard and no compelling reason for the late application was provided.

From the fact that it says a compelling reason for the delay is required and it sounds like (yes an assumption based on there being no mention of having a good reason) it may have simply been sloth on the OP's part then my assumption based on what information was given would be that he is SOL with regards to getting the ROC denial reversed.

So moving on I would ask the following questions if I was in the OP's shoes:

1. What is my status?

My opinion would be that he is now out of status as his LPR Status is considered abandoned. He did enter legally but is accruing Overstay days since the expiry of his conditional greencard. Would that be correct?

2. How can I get my status back to LPR?

If my first opinion is correct then is it possible for the USC Wife to file a new I-130 (and other forms required) for him to adjust status back to LRP without leaving the US? I guess if this is possible then it would be his best bet as if approved for AOS he would receive the 10 year greencard since they have been married for 2 years.

Edited January 14, 2010 by Bob 4 Anna

[rika60607 215]

This is what must have happened:

1. OP came to the US on CR-1 visa.

2. OP got confused about ROC and AOS and who know what form was actually filed.

Did you use a lawyer for that?

Let's be optimistic and say it was I-751.

3. The form was received by USCIS one day late and application thus was automatically denied, due to lack of a letter from OP, explaining the late filing.

(OP got confused again, as from his/her post it seems that USCIS received the application on Aug 7, and deadline was Aug 8).

4. Possible solutions:

A. Resend I-751 package with addition of a Letter Explaining the Late Filing.

B. File for AOS.

A is better than B because it is free and easy. If A does not work out, B can be used.

Constant confusion and poor English on the OP's part indeed call for a lawyer.

[Gary and Alla 3,694]

they denied my AOS Because they received my AOS application one day latte. They receive the application an august 7 2009 and the last day was an AUG 8 but I mail the application before the died line.

Not correct. There is no deadline for filing the AOS. What exactly did the letter say. My guess is because you do not live together. babies are not evidence of being a legitimate couple, they are evidence someone had sexual intercourse.

[Deputy Purple 1,294]

Not correct. There is no deadline for filing the AOS. What exactly did the letter say. My guess is because you do not live together. babies are not evidence of being a legitimate couple, they are evidence someone had sexual intercourse.

He's not talking about AOS, he came here on CR-1 so he missed the deadline for Removal of Conditions...

[wasabi 4]

Definitely lawyer time.

[goldenheart 0]

do I need attorney for this

It would be wise to do so. Good Luck

[Brother Hesekiel 2,236]

I did received a latter last night from USCIS they denied my cause for my wife AOS

I need some help please about what to do? Me and my wife we just had new baby about 5 month a go we do leave together in Florida for the last 2 years.

Does any one know a good attorney in Pembroke Pines or Miami area?

I am so worry right now and confused about what to do help me please .

You absolutely need an attorney for this. A good immigration attorney will either be able to refile the I-751 with a good reason for being late the first time, or he will file a completely new AOS for you. It's no fun, but you absolutely should take care of this right away.