Send after the 90 day window?

[Erik And Anum 1]

Last Friday we sent the package to USCIS but have had to get it intercepted back to my address since based on the time line the biometrics appointment would`ve been taken place next month and they only allow a general reschedule and not customized where we`re allowed to pick our dates. Since her GC expires on the 26th of October and she will be back on the 15th. Would there be a problem if we were to have my parents send it on the 28th of September right before they leave on their trip? Is USCIS strict with filing the ROC package right on the 90 day window?

[akihon 129]

you are required to file ROC within the 90 day window of the GC expiring, otherwise you are out of status and removal proceedings can be started against you (read: deportation)

[Erik And Anum 1]

What do they mean by "Within the 90 day window"? Does this mean 90 days BEFORE the Green Card expires or anytime before the Green Card expires?

[Harpa Timsah 13,258]

The 90 days means within the 90 days prior to the GC expiring. It does not mean 90 days before exactly. September 28 is one month before Oct 28, so that is still within the 90 day window.

Sending it after this window, or after the GC expires, is bad, as the LPR is cancelled and removal proceedings are started against the person.

But I think you are really asking about sending in around 30 days before the GC expires, right?

[Erik And Anum 1]

Thanks yea your right well her GC expires on Oct 26th therefore by having it sent on September 28th (28 days before her GC expires) it will not be considered as late so I shouldn`t have a problem then correct? We were originally thinking of sending it on Oct 15th but that is cutting too close therefore we`ll just have my parents send it on the 28th of Sept before they fly out abroad.

Edited July 27, 2014 by Erik And Anum

[Erik And Anum 1]

By the way we will be leaving to her home country on August 27th and wont come back until October 15th incase anyone wonders why we`re wanting to send it late.

Edited July 27, 2014 by Erik And Anum

[Harpa Timsah 13,258]

By the way we will be leaving to her home country on August 27th and wont come back until October 15th incase anyone wonders why we`re wanting to send it late.

Right, but you're not sending it late. You are sending it later in the 90-day window. Still on time, though. The window is from 90 days to 1 day before the GC expires.

[Erik And Anum 1]

Right, but you're not sending it late. You are sending it later in the 90-day window. Still on time, though. The window is from 90 days to 1 day before the GC expires.

Thanks we can now travel in peace. Last question do you find September 28th a suitable time frame to hopefully have our biometrics after Oct 15? I`m aware that we may receive our NOA 1 during the time frame that we`re out but since her GC doesn`t expire 11 days after her arrival we`re hoping that its something that she doesn`t need to worry about.

[sunshine79 7]

We sent our package in about a week and a half before the GC expired. The biometrics appointment was approximately 3 or 4 weeks later. So I think if you sent it on October 15th you'll be fine.

Edited July 28, 2014 by sunshine79

[Erik And Anum 1]

Well I was trying to get the package intercepted but it seems as if its already been delivered. Is it recommended for me to attach a letter asking to have the appointment taken after Oct 15?

[Harpa Timsah 13,258]

Well I was trying to get the package intercepted but it seems as if its already been delivered. Is it recommended for me to attach a letter asking to have the appointment taken after Oct 15?

No, just keep rescheduling the appointment until you get one that works for you. Is she abroad now?

Edited July 28, 2014 by Harpa Timsah

[Erik And Anum 1]

No, just keep rescheduling the appointment until you get one that works for you. Is she abroad now?

No we will be leaving on Aug 27th.

[Harpa Timsah 13,258]

No we will be leaving on Aug 27th.

Maybe you'll get the appointment letter before then and she can do a walk-in. She takes the letter to the ASC and goes early, because she'll be out of town.

Or, have someone check your mail and reschedule the appointments.

[DC85 113]

I can see that you live in northern VA, the BIO will be in Alexandria ASC , and you can do walk in with no problem

[Erik And Anum 1]

Maybe you'll get the appointment letter before then and she can do a walk-in. She takes the letter to the ASC and goes early, because she'll be out of town.

Or, have someone check your mail and reschedule the appointments.

Yea my parents will be staying until the 20th of September so I`m hoping to hear something in regards to biometrics by then.