1 years late on renewing green card due to financial problems

[ClydesdaleCouple 75]

So I'll try to make this as concise as possible,

My DH (An immigrant from Scotland, UK) and I submitted his packet a year ago, everything was included PLUS a fee waiver (we've had really bad financial problems the last 2 years with both being students, and only one of us working).

The returned our packet because they denied the fee waiver. We accepted this and started saving. We almost had it all saved when another tragedy struck, long story short we have it now, 1 year since they sent it back to us. We are ready to submit with the fee.

My question is, what should we expect? Of course we've been in the game long enough to know that some of it comes down to who's hand's it in. But does anyone else have prior experience with this?

- Should we expect instant denial? If so, should we expect deportation or having to start the whole process over again?

- If they deny us, will we get our money back?

- Lastly, any tips for what we should include besides an apology letter, proof of our financial troubles (they said there wasn't enough proof included for the waiver last time) and several affidavits of confirmation about our financial situation?

Additionally, do we send back the original packet that they sent back to us?

Thanks for any info, gentleness is appreciated as this is a very vulnerable subject.

[Hypnos 6,576]

How and when did he enter? Were you trying to file an I-751 or an I-90?

[ClydesdaleCouple 75]

He entered the country Jan 9, 2012 -- But does that matter if he had his green card for 2 years?

His green card expired July 2015, but we submitted a packet then. We got said packet returned with the denial in November of 2015 because of the fee waiver. Now we have saved the $600 (I got a job in September), and we want to submit it. I'm just trying to prepare myself for what is to come.

Thanks for responding!

[Hypnos 6,576]

So it's an I-751.

The window for filing opens 90 days before the expiration date on his green card, and closes the day it actually expires.

You can try to file late, but must include a written explanation of why you are filing late. A short letter explaining your prior issues, including supporting documentation, should be given here.

If USCIS accept this reason then the case would proceed as normal. If not, the I-751 would likely be summarily denied, with removal proceedings probably being initiated seeking his deportation.

Edited November 10, 2016 by Hypnos

[ClydesdaleCouple 75]

If we are denied, do we get our money back?

[p-ana 933]

No

[Hypnos 6,576]

You pay for an adjudication, not an approval.

[Ketsuban 1,034]

He wouldn't be instantly deported if they don't accept your late filing. He'll receive a Notice to Appear - a hearing before a judge. I don't know much about what goes on in these hearings but you may want to seek the services of a competent immigration attorney.

[aayitrun 66]

if you failed to file for removal of conditions, technically he is out of status.

maybe more knowledgeable folks can chime in, but should u just be able to apply for another GC based on marriage and then that would forgive the current illegal stay?

[Mollie09 1,543]

if you failed to file for removal of conditions, technically he is out of status.

maybe more knowledgeable folks can chime in, but should u just be able to apply for another GC based on marriage and then that would forgive the current illegal stay?

Can't apply for LPR if you're already an LPR.

[Ketsuban 1,034]

Can't apply for LPR if you're already an LPR.

Is he still an LPR though? He's out of status. If he had filed on time he would receive the NOA1 extending his status for a year then eventually would have gotten the new 10 year card or an I-551 stamp if it was taking longer than a year. Without those he is in legal limbo. Technically he is here illegally. This really needs a competent attorney because it will not be straight-forward.

[Mollie09 1,543]

He's an LPR until an immigration judge decides that he's not, so yes.

He needs to fix his status but can't apply for another green card.