Conditional Green Card expired

[Bluemoon4455 1]

Hi there,

I hope you guys could help me with this issue,

My best friend just discovered that her conditional green card has expired a few days ago and she didn't know, they applied for the removal right away, but she's soooo concerned because she has to leave in a month to attend her brother's wedding overseas, and she doesn't know what to do!!!

Would the INS give her an advance parole or something that she could use to reenter the US???

Thanks in advance for your help guys...

[I'm Gone 60]

Hi there,

I hope you guys could help me with this issue,

My best friend just discovered that her conditional green card has expired a few days ago and she didn't know, they applied for the removal right away, but she's soooo concerned because she has to leave in a month to attend her brother's wedding overseas, and she doesn't know what to do!!!

Would the INS give her an advance parole or something that she could use to reenter the US???

If the I-751 was submitted she should receive a notice that extends her status for a year a few weeks after it was submitted. I would then make an INFOPASS appointment and take the notice and passport to get an I-551 stamp in the passport.

[returningVJ 0]

if her GC was expired before the submission of the I-751, then she has much more to worry about than the wedding. i guess it has to go through a waiver process. USCIS web site will have much more info on this.

[zyggy 9]

By the law, if she did not file her I-751 prior to the expiry date on her GC, her PR status is cancelled and she is currently in the US without status.

However, the USCIS can accept a late filing if they choose (and have been known to do so within reason). If I were her, I would not leave the US for any reason until she gets an extension letter from the service center.

She should be prepared for the bitter fact that she's going to have to miss her brother's wedding due to her mistake.

Edited August 15, 2006 by zyggy

[returningVJ 0]

Quoting I-751

Effect of not filing. If this petition is not filed, you willautomatically lose your permanent resident status as of thesecond anniversary of the date on which you were grantedconditional status. You will then become removable from theUnited States. If your failure to file was through no fault ofyour own, you may file your petition late with a writtenexplanation 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 wasdue to extraordinary circumstances beyond your control and thatthe length of the delay was reasonable.

[Sweetgirl 0]

Hi there,

I hope you guys could help me with this issue,

My best friend just discovered that her conditional green card has expired a few days ago and she didn't know, they applied for the removal right away, but she's soooo concerned because she has to leave in a month to attend her brother's wedding overseas, and she doesn't know what to do!!!

Would the INS give her an advance parole or something that she could use to reenter the US???

Thanks in advance for your help guys...

HI! Yes,she should defenetely write a good explanation letter to INS and not just her ,her husband should write it too as soon as possible and mail it via Express mail, so you can track it online.

She shouldn't leave the country under no circumstances or she wont be able to come back.

The INS is not gonna issue an advance parole.

She should wait for a 1 year extention letter and plus go to the INFOPASS appointment and get a 1 year stamp in her passport.

Even then ,if i were her i wouldnt leave the country anyways until she gets the 10 year Card.

Just my advice.

Best wishes.

Sincerely.

[diadromous mermaid 36]

Hi there,

I hope you guys could help me with this issue,

My best friend just discovered that her conditional green card has expired a few days ago and she didn't know, they applied for the removal right away, but she's soooo concerned because she has to leave in a month to attend her brother's wedding overseas, and she doesn't know what to do!!!

Would the INS give her an advance parole or something that she could use to reenter the US???

Thanks in advance for your help guys...

HI! Yes,she should defenetely write a good explanation letter to INS and not just her ,her husband should write it too as soon as possible and mail it via Express mail, so you can track it online.

She shouldn't leave the country under no circumstances or she wont be able to come back.

The INS is not gonna issue an advance parole.

She should wait for a 1 year extention letter and plus go to the INFOPASS appointment and get a 1 year stamp in her passport.

Even then ,if i were her i wouldnt leave the country anyways until she gets the 10 year Card.

Just my advice.

Best wishes.

Sincerely.

Agreed. It will be up to the discretion of USCIS if the untimely submission of the I-751 will be accepted. A matter of a few days might be overlooked, but she should be aware that the regulations do state that an immigrant can lose PR if grounds are not given for the delay. Nonetheless, once the I-751 has been noticed and an NOA issued extending the PR while adjudication fo the I-751 is pending, there'd be no reason for her to worry about travel out of the country.