ROC and eviction from apartment

[evelyn1140 18]

Well this is my situation. my husband and I were evicted from our apartment in January 24th of this year. all our possessions stayed in the house since we were fighting tp return to the apartment. We went out the whole month of february , t the judge granted us the permission to go back to the apartment 3 days ago and since then I am being working on my papers. I am already late for Roc. I am sending them a letter and proof why we couldn't send anything since we were evicted. Do you think we have a change for them not to denied?

[Dave&Roza 748]

Well this is my situation. my husband and I were evicted from our apartment in January 24th of this year. all our possessions stayed in the house since we were fighting tp return to the apartment. We went out the whole month of february , t the judge granted us the permission to go back to the apartment 3 days ago and since then I am being working on my papers. I am already late for Roc. I am sending them a letter and proof why we couldn't send anything since we were evicted. Do you think we have a change for them not to denied?

When did your window open to file for ROC? If you are now just late then I am betting that your window opened in December. Now I am playing the devil's advocate here, but why did you not file when the window opened? Why did you wait until the end of January? Did you not have an opportunity to retrieve documents and relevant information regarding the ROC before being evicted?

I think that for the petition for extra-ordinary circumstances to apply to your case, you will need to convince the USCIS for the reason for not filing your ROC during the entire 90 day window. You have a very good reason for the last part of your 90 day window, but how much of that time is covered by the eviction process and fighting to get back into your apartment--30 days? 45 days? I can see the USCIS wondering why you did not file the first 45 days or the first 60 days. They tend to be harsh on the requirement to file before the conditional GC expires.

I would send in what you have and see what happens. They may grant you a late filing and process your ROC, but be prepared for the worse. I would make certain I explained the entire 90 day window so as to leave no doubt.

Good luck,

Dave

Edited March 14, 2014 by Dave&Roza

[together4evr 360]

I think his card expires in June. So they are within the window of 90 days before expiration.

[Dave&Roza 748]

I think his card expires in June. So they are within the window of 90 days before expiration.

I see that the POE is June 5, 2012, so you are correct. (I should have checked their time line before responding the first time )

OP: You have until the residence since date on the conditional GC to file. The earliest you can file is 90 days before that date. So you are now within the window to file and are not late. Just get your ROC filed before June 5th of this year. You have nothing to worry about.

Good luck,

Dave

[evelyn1140 18]

When did your window open to file for ROC? If you are now just late then I am betting that your window opened in December. Now I am playing the devil's advocate here, but why did you not file when the window opened? Why did you wait until the end of January? Did you not have an opportunity to retrieve documents and relevant information regarding the ROC before being evicted?

I think that for the petition for extra-ordinary circumstances to apply to your case, you will need to convince the USCIS for the reason for not filing your ROC during the entire 90 day window. You have a very good reason for the last part of your 90 day window, but how much of that time is covered by the eviction process and fighting to get back into your apartment--30 days? 45 days? I can see the USCIS wondering why you did not file the first 45 days or the first 60 days. They tend to be harsh on the requirement to file before the conditional GC expires.

I would send in what you have and see what happens. They may grant you a late filing and process your ROC, but be prepared for the worse. I would make certain I explained the entire 90 day window so as to leave no doubt.

Good luck,

Dave

Thank you in advance for you advice; My husband's visa expire in June. I received a letter at the beginning of February. I couldn't file in December since it was toooo early for it

I see that the POE is June 5, 2012, so you are correct. (I should have checked their time line before responding the first time )

OP: You have until the residence since date on the conditional GC to file. The earliest you can file is 90 days before that date. So you are now within the window to file and are not late. Just get your ROC filed before June 5th of this year. You have nothing to worry about.

Good luck,

Dave

Thanks