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rahul shah

Need help Removing Conditions on Residency

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Filed: K-3 Visa Country: India
Timeline

I am really late on filling Removing Conditions on Residency which is call I-751. Please help me on this matter we just found out that our Green Card is expired in end of May 2011 and me my wife and my little one trying to go to India???

what should we do Please help me. Thanks!!!

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Filed: Citizen (apr) Country: Scotland
Timeline

I am really late on filling Removing Conditions on Residency which is call I-751. Please help me on this matter we just found out that our Green Card is expired in end of May 2011 and me my wife and my little one trying to go to India???

what should we do Please help me. Thanks!!!

If you leave the country you won't be allowed back in. You were supposed to apply to remove conditions in the 90 days before your greencard expired. You are now an illegal immigrant.

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"Boston is the only major city that if you f*** with them, they will shut down the whole city, stop everything, an find you". Adam Sandler

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Filed: K-3 Visa Country: India
Timeline

If you leave the country you won't be allowed back in. You were supposed to apply to remove conditions in the 90 days before your greencard expired. You are now an illegal immigrant.

I wish I would know that. I really didn't know that. Can the still take my Application of I-751 ??? IF i give explanation?? Why I am filling late??? Thanks

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Filed: Country:
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Yes you can apply late and they will expect you to provide a reason for the late filing.

FWIW, you are notified at issuance of a conditional green card that you will need to file to Remove Conditions after 2 years.

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This might be one of the situations where you might want to consult an attorney. There are a few members here who have submitted their ROC application late, but only by a few days outside of the 90 day window. These members have submitted their application and supporting documents as well as a written explanation as to why they were late, I believe a few experienced members have said that whether the USCIS accepts the explanations and the application is at their discretion, so it is probably best if you consult first before sending anything in and possibly having it rejected (if rejected, you may not be refunded your application fee either).

Good luck

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Filed: Other Timeline

First of all, you are not an illegal immigrant. An illegal immigrant is somebody who entered the United States without inspection (EW)), by climbing a fence or wall, swimming through the Rio Grande, or hiding in the trunk of a car.

You are a lawful permanent resident until a judge says otherwise.

It's true that you should have filed for RoC within the 90 days proceeding the expiration of your Green Card. It's possible to file late, but in such case the petition needs to be accompanied by a letter to the director, explaining why it happened. I don't know if your reason ("we simply forgot") will be accepted, or not.

It's also quite late to file, frankly.

That said, if you don't file, then at some point the system automatically will seek to have your status as a LPR revoked, which requires the signature of a judge. If you have not heard from USCIS yet, that's a good sign.

Now, the very worst that can happen is that USCIS will not accept your late filing. What you need to do then is file a new AoS petition. While this will cost you $1,490, the result will be the same: an unrestricted, 10-year Green Card, based on the fact that you are now married for over 2 years now.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: K-3 Visa Country: India
Timeline

First of all, you are not an illegal immigrant. An illegal immigrant is somebody who entered the United States without inspection (EW)), by climbing a fence or wall, swimming through the Rio Grande, or hiding in the trunk of a car.

You are a lawful permanent resident until a judge says otherwise.

It's true that you should have filed for RoC within the 90 days proceeding the expiration of your Green Card. It's possible to file late, but in such case the petition needs to be accompanied by a letter to the director, explaining why it happened. I don't know if your reason ("we simply forgot") will be accepted, or not.

It's also quite late to file, frankly.

That said, if you don't file, then at some point the system automatically will seek to have your status as a LPR revoked, which requires the signature of a judge. If you have not heard from USCIS yet, that's a good sign.

Now, the very worst that can happen is that USCIS will not accept your late filing. What you need to do then is file a new AoS petition. While this will cost you $1,490, the result will be the same: an unrestricted, 10-year Green Card, based on the fact that you are now married for over 2 years now.

Thanks you so much for your help...I truly Appreciated.

This might be one of the situations where you might want to consult an attorney. There are a few members here who have submitted their ROC application late, but only by a few days outside of the 90 day window. These members have submitted their application and supporting documents as well as a written explanation as to why they were late, I believe a few experienced members have said that whether the USCIS accepts the explanations and the application is at their discretion, so it is probably best if you consult first before sending anything in and possibly having it rejected (if rejected, you may not be refunded your application fee either).

Good luck

Thank you So much!!!

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Filed: Lift. Cond. (apr) Country: India
Timeline

Thanks you so much for your help...I truly Appreciated.

I think a few people have suggested good alternatives. I would probably seek the help of an experienced attorney in this case - but I was wondering, if your trip outside of the US is very important - then, once you file either a new AOS or 751.. maybe you can see if you can get a temporary stamp of evidence of residency. (They usually do it, once your papers are all filed & your GC crosses the one year extension, your new GC is not yet here - but only for emergency conditions!) Just a thought as this stamp may give you some time to travel, and get back! Hope this helps! Good luck - please let us all know what you ended up doing... so we know for the future. :)

ROC

Mailed ROC package : 09-xx-2011

NOA I-797c (I-751 Receipt Notice) : 10-11-2011

NOA I-797 Biometrics appnt : 10-21-2011

Conditional GC Expires : 12-07-2011

Removal of conditions APPROVED : 07-02-2012

New GC ARRIVED : 07-07-2012 (dated 07/04 - - Go USCIS, working on 4th of July!!! :) )

AOS, AP, EAD

I-485 AOS, I-131 AP, I-765 EAD Mailed : 2009-09-26

Checks cashed : 2009-10-07

Received NOA for I-485, I-765 & I-131 : 2009-10-09

Biometrics Letter received : 2009-10-20

Biometrics Appointment : 2009-10-26 (Completed on 2009-10-26)

Transfer to CSC letter arrived by mail : 2009-10-24 (dated : 2009-10-21)

EAD Card production update : 2009-11-09 (14 days after Bio; 1 month after NOA)

AP approved : 2009-11-09 (14 days after Bio; 1 month after NOA)

AP document arrived : 2009-11-16

EAD card arrived : 2009-11-18

AOS approved GC production ordered : 2009-12-09

GC arrived : 2009-12-18 :)

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