Late in filing I-751, help!

[MariaFigs 0]

As you see from the question, my Green Card expired on August 3rd...and we completely forgot to file for the ROC before the 90 days were over. I have no excuse, other than I just simply forgot, and got comfortable thinking that I'd receive a notice from the USCIS...obviously I should've known better! I just feel very angry with myself, but now that it's happened we're trying to figure out what to do.

I've been browsing through the forums and it seems like some people will file the I-751 a little late and they haven't had any huge issues. My husband wants to talk to a lawyer immediately, but I'm wondering if it might be best for us to file as soon as we can (say...tomorrow!), and hire a lawyer if the decision is unfavorable to us. Would this be the best thing to do at this point?

Any advice would be welcome. Thank you!

[Hypnos 6,577]

It's completely at USCIS' discretion whether they accept a late filing for I-751. I'm not sure telling them you forgot to do it will be enough of a reason to engender a favourable decision.

Having a consultation with an AILA-certified immigration lawyer would probably be a good first step.

Worst-case scenario is that they refuse to accept your I-751 and you will then have to apply for a green card all over again. You should probably do this before they initiate removal proceedings because that will make the situation a little more complex.

[TimeTravel 78]

Read this thread - http://www.visajourney.com/forums/topic/148150-i-751-missed-deadline-by-2-months-now/

Hope it helps.

P.S. - Hire a good lawyer who can draft a good letter, and who has experience with such kind of situation. If you feel you are confident enough to do it yourself, then you can do it yourself.

Edited August 16, 2012 by iwaiting

[danmarkx 5]

Make sure u include a reason that u could not file e.g. You had been studying for a very big exam, pertinent for career. Another very good reason is that you were just now able to come up with the money needed to file [this is the preferred one that I have seen from late filers). As said above, it is at the discretion of USCIS. Just make sure you give a reason why you filed late...u should be fine!.

[Steve D. 22]

I filed mine 10 days after it expired, I did include a letter explaining why I was late. However don't say anything such as "I simply forgot", they want to see if you have a legit reason why you are late.

Usually a week or two late they don't pay much attention, but if it was like a month or even a year late... then yeah.

It was accepted, however it's still pending after a year and 2 months now.

Oh and my naturalization oath is next week. What a joke.

Edited August 16, 2012 by Steve D.

[MariaFigs 0]

Thank you so much, everyone!

I have to think carefully about the letter. Obviously "I just forgot" won't work, but an explanation seems like it could help. We're still fairly close to the date so hopefully we won't be in too much trouble. I feel so dumb!

[Kathryn41 3,205]

With your letter of request to accept the application, after you apologize for submitting the application late, you could politely state you were expecting to receive a letter advising you that it was about to expire as you had been told, and didn't realize until after it had expired that you didn't get any notification. Admit that it is your fault, that you should have been paying better attention, be very apologetic and basically 'throw' yourself of their mercy. Ask them please to accept your late application, state that you do have a real marriage and hope they will be understanding about this stupid but honest mistake on your part.

USCIS does have about a 30 day grace period where they can generally accept late applications at their discretion as long as there is an accompanying letter explaining why it is late. Don't lie. Don't invent some big 'other occasion' that diverted your attention. Be honest. You forgot. It happens.

File as soon as you can - within the next few days - and make sure you have lots of evidence. Try to go overboard on the evidence side of things because you do want to reassure them that you are a valid couple and time just got away from you.

Good luck.

Edited August 17, 2012 by Kathryn41

[Tommytoys 1]

I filed 3 months late for my stepson I-751 and got it accepted.