Late submission of form I-751

[all4good 0]

I POSTED THIS QUESTIONS DECEMBER 6, 2010

Hi y'all:

My permanent resident status starts on July of 2008 and it was already expired 5 months ago. I filed and submitted form I-90 May of 2010 then I have my biometrics schedule on September 2010 and December I got a letter of termination of my green card status. It says I never filed form I-751 and it is possible that I will get deported here in USA.

My questions are:

1.) What should I do since I did filed the wrong form w/c is the I-90 instead, I should really file the form I-751?

2.) Should I file the form I-751 now and explain what was happened and can USCIS possibly accepted my late form I-751 and explanation?

3.) Is it possible that I get deported?

4.) What should I do and what forms do I have to submit to the USCIS?

I am a k1 visa/married to a US citizen and still married same citizen. Pleas help I really need your help and advice...

Thanks

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UPDATED POST:

I mail my late application for I-751 Dec 4, 2010 and now Dec. 24, 2010 the USCIS cash in the check that I mail to them with my late form I-751. Do they really accept my application with no problem with them? Did I get a reconsider for my late form for I-751? If they cash in the check - the meaning of that is that USCIS accept my form I-751? Thank you...

Edited December 24, 2010 by all4good

[all4good 0]

Dec. 2, 2010 I received letter of termination of my green card because I did submitted form I-90 instead form I-751. Letter says termination of my green card because they never received my form I-751.

I am out of status almost 5 months already. So.........

I mail my late application for I-751 Dec 4, 2010 and now Dec. 24, 2010 the USCIS cash in the check that I mail to them with my late form I-751. Do they really accept my application with no problem with them? Did I get a reconsider for my late form for I-751? If they cash in the check - the meaning of that is that USCIS accept my form I-751? I never receive a letter from USCIS yet. Thank you...

[Kathryn41 3,205]

Moved to Removal of Conditions forum from AOS forum.

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Did you include a letter explaining why you are applying so late for the I-751? There is a 'discretionary' consideration by USCIS whether or not to consider a late I-751. A significant part of their consideration will be why the application was submitted late. They have accepted your application - that doesn't mean your application will be approved but they will review it. Whether they will then deny it for failure to apply within the time period or not will be up to their discretion. If you did not include an explanation - ideally including proof of the I-90 submission - then the I-751 will probably be denied. If you did include an explanation, then it will depend on the adjudicator whether or not they will allow it. If they decide to consider it, then they will process it like any other I-751 application.

If the I-751 is denied for failure to submit the application in a timely way, then your green card status remains terminated. Your only real course of action then is to submit another I-485 application and I-130 petition to start the green card process all over again. Be sure to explain the circumstances of the situation, and whatever you do, do not leave the US until you receive either your 10 year green card from the approved I-751 or your 10 year green card from the approved I-485.

Good luck.

Edited December 25, 2010 by Kathryn41

[Jupiter07 12]

Out of curiosity, what became of your I-90 application, which ofcourse wasn't necessary?

[Brother Hesekiel 2,236]

Before you jump off a bridge understand this: an approved I-751 results in an' (unrestricted) Green Card which you need to renew via form I-90 every 10 years. If they deny your I-751 and you need to file a new I-485 the result is the same: you will get an (unrestricted) Green Card which you will have to renew every 10 years.

[Yurika & Jim 77]

Here is your other post (originally posted in AOS forum and moved here) and responses

[Dakine 26]

Hang in there as USCIS does accept most/some late I-751s

[w8inglongtime 29]

Attach a letter to the I-751 explaining to them that you didn't abandon your residency. You wouldn't have spent money on I-90 if you intended not to file ROC. Their file should show the I-90 application which shows an intent of doing the right thing on your part. You just used the wrong form. The people at USCIS have seen these afew times over so I hope someone with compassion gets your file. Good luck and keep us posted.

Edited December 25, 2010 by w8inglongtime

[Kathryn41 3,205]

Duplicate threads merged into one thread. It is not necessary to start a whole new thread repeating the information already posted in another thread. Please continue the conversation and the updates in the existing thread so as to avoid confusion and to ensure all of the details remain together.

[Flo M 0]

I am curious to know the outcome?