i751 Divorce waiver filed to wrong service center close to greencard expiry

[dg2010x 2]

I am in Texas and I filed my i751 waiver last week. my card expires on monday when the package is received.

I used an attorney and looking at the paperwork, he sent my papers to Vermont. service center instead of california service center.

Previously, Vermont SC as handling texas but this was changed early 2015 to California. This can be seen here

http://www.uscis.gov/i-751

I am yet to ask him but it seems to me its a case of not being up to date.

This is having me worried since the application may be rejected causing me to be automatically out of status as per this news article

http://discuss.ilw.com/content.php?4008-News-USCIS-Message-Filing-Location-Changes-to-Form-I-751-Petition-to-Remove-Conditions-on-Residence

I submitted everything including divorce decree

Question is:

Has anyone been in such a mess where they submit to wrong center.Are they forwarded or what happens?

what happens to my status given i filed in time but to wrong center of course since they get it on the 90th day?

If i understand right, since i am seeking a waiver of joint filing.i can file at any time...does it also mean any time including after expiry of greencard? will they give the 1 year extension in this case.

Of course i will be talking to my lawyer..but i need second opinion.

[Hypnos 6,578]

1) Your lawyer is an idiot. If it were me I would fire them for such an elementary mistake.

2) If filing requesting a waiver of the joint filing requirement then your window opens when your divorce is final, and you can file at any point until you are removed from the US. So it's possible you may go out of status for a short time, though I suspect that USCIS will just internally route your application to the proper service centre, and your application will be considered timely (though only just).

It's generally not a great idea to leave filing your I-751 until the last minute like this.

Edited August 24, 2015 by Hypnos

[dg2010x 2]

Some online Lawyers on Avvo tell me that if a deadline occurs on weekend or holiday, then it is filed the next day.

I hope this is true.

1) Your lawyer is an idiot. If it were me I would fire them for such an elementary mistake.

2) If filing requesting a waiver of the joint filing requirement then your window opens when your divorce is final, and you can file at any point until you are removed from the US. So it's possible you may go out of status for a short time, though I suspect that USCIS will just internally route your application to the proper service centre, and your application will be considered timely (though only just).

It's generally not a great idea to leave filing your I-751 until the last minute like this.

[tuckin14 58]

USCIS may accept a late filing for "good cause."

In most instances, they include "My lawyer's clerk ***ked up" as "good cause."

It's partly professional courtesy and partly not punishing the client for the lawyer's mistakes.

[dg2010x 2]

just to update on this

mailed 751 waiver packet 8/21 (friday afternoon) to vermont sc instead on California service center as per instructions-usps express mail

Delivered 8/22(Saturday)(Yes USCIS partialy work weekends)

my card was expiring on 8/23rd(sunday)

Receipt date on NOA is 8/24(Monday)

They mailed NOA on 8/25

i received the NOA today 8/28 extending my conditional residence by 1 year.

Edited August 29, 2015 by dg2010x