Is my husband is danger of deportation due to lat I-751 filing?

[kjanddw 1]

My husband is living here in the United States under a conditional 2 year green card. We submitted our i-751 to start the process of getting his 10 year green card today on 6/11/2021 (usps says it will arrive tomorrow 6/12) and his conditional green card expires tomorrow 6/12/2021. Will this prove to be a problem? Will this submission be considered late? We are so worried about the possibility of removal. I’d be relieved to hear some helpful advice. 

[Timona 4,207]

No

[Skyman 321]

I don't think there is a deportation danger but he should info his HR of the situation and follow their advice.

[HRQX 4,145]

1 hour ago, Skyman said:

but he should info his HR of the situation and follow their advice.

There shouldn't be a need to contact HR since he is still a LPR after June 12. https://www.uscis.gov/i-9-central/complete-correct-form-i-9/completing-section-3-reverification-and-rehires

Employers should not reverify:

• U.S. citizens and noncitizen nationals
• Lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2. This includes conditional residents.
• List B documents

[Skyman 321]

16 minutes ago, HRQX said:

There shouldn't be a need to contact HR since he is still a LPR after June 12. https://www.uscis.gov/i-9-central/complete-correct-form-i-9/completing-section-3-reverification-and-rehires

Employers should not reverify:

• U.S. citizens and noncitizen nationals
• Lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2. This includes conditional residents.
• List B documents

Ok, then why does it have an expiration date? (Rhetorical)

[Crazy Cat 41,857]

10 hours ago, kjanddw said:

My husband is living here in the United States under a conditional 2 year green card. We submitted our i-751 to start the process of getting his 10 year green card today on 6/11/2021 (usps says it will arrive tomorrow 6/12) and his conditional green card expires tomorrow 6/12/2021. Will this prove to be a problem? Will this submission be considered late? We are so worried about the possibility of removal. I’d be relieved to hear some helpful advice. 

There is no need for worry.  Relax.

[Mike E 11,739]

10 hours ago, kjanddw said:

My husband is living here in the United States under a conditional 2 year green card. We submitted our i-751 to start the process of getting his 10 year green card today on 6/11/2021 (usps says it will arrive tomorrow 6/12) and his conditional green card expires tomorrow 6/12/2021. Will this prove to be a problem? Will this submission be considered late? We are so worried about the possibility of removal. I’d be relieved to hear some helpful advice. 

Everyone has said correctly it will be fine. Here is why. 
 

Understand that he is an LPR and to be deported he gets a day in court as America has stuff like due process and a constitution.  And in court he is going to show proof that he mailed his I-751 on time.  And the judge is going to laugh the case out of court.  Which is why it will never get to a deportation trial.  Because USCIS and ICE have better things to do.  
 

He should carry proof of mailing and when it arrives at uscis, proof of delivery. And when he gets his I-751 receipt that extends his green card by 18 months to December 12, 2022, he should carry a copy of it. And before the receipt expires he should get an info pass appointment to get an I-551 stamp on his passport. And if his passport is expired or near expiry he should renew his passport.  
 

And if the extension letter doesn’t arrive before he needs it to renew a drivers license, get a new job, or travel, he can get an info pass for for an I-551.  
 

As you can see the system has lots of fail safes.  
 

It is going to be fine.  I would not (and will not) have filed a day before the green card expired but the law says you can file a day before it expires.  
 

Meanwhile continue to accumulate evidence of bonafide relationship, file taxes on time, etc. 

 

10 hours ago, Skyman said:

I don't think there is a deportation danger but he should info his HR of the situation and follow their advice.

Do not take legal advice from HR.  The beneficiary’s employer is of no relevance.  Reminding  HR his green card is expired and informing HR there is no extension letter in hand yet has no good outcome.  It might lead to the employer breaking the law, by doing something silly and we don’t want to encourage that.  

[kjanddw 1]

1 hour ago, Mike E said:

Everyone has said correctly it will be fine. Here is why. 
 

Understand that he is an LPR and to be deported he gets a day in court as America has stuff like due process and a constitution.  And in court he is going to show proof that he mailed his I-751 on time.  And the judge is going to laugh the case out of court.  Which is why it will never get to a deportation trial.  Because USCIS and ICE have better things to do.  
 

He should carry proof of mailing and when it arrives at uscis, proof of delivery. And when he gets his I-751 receipt that extends his green card by 18 months to December 12, 2022, he should carry a copy of it. And before the receipt expires he should get an info pass appointment to get an I-551 stamp on his passport. And if his passport is expired or near expiry he should renew his passport.  
 

And if the extension letter doesn’t arrive before he needs it to renew a drivers license, get a new job, or travel, he can get an info pass for for an I-551.  
 

As you can see the system has lots of fail safes.  
 

It is going to be fine.  I would not (and will not) have filed a day before the green card expired but the law says you can file a day before it expires.  
 

Meanwhile continue to accumulate evidence of bonafide relationship, file taxes on time, etc. 

 

Do not take legal advice from HR.  The beneficiary’s employer is of no relevance.  Reminding  HR his green card is expired and informing HR there is no extension letter in hand yet has no good outcome.  It might lead to the employer breaking the law, by doing something silly and we don’t want to encourage that.  

Thank you, we are aware of how silly it was of us to wait so long but it came down to health issues and then, once the time came around to file, lacking the money. But we got it in. Thanks for help, we are anxiously awaiting our receipt now. Hoping it all goes well

[USC4SPOUSE 506]

13 hours ago, kjanddw said:

My husband is living here in the United States under a conditional 2 year green card. We submitted our i-751 to start the process of getting his 10 year green card today on 6/11/2021 (usps says it will arrive tomorrow 6/12) and his conditional green card expires tomorrow 6/12/2021. Will this prove to be a problem? Will this submission be considered late? We are so worried about the possibility of removal. I’d be relieved to hear some helpful advice. 

@kjanddw, you will be fine. My husband did the same thing. We mailed his I-751 on 05/6 and it arrived on 5/7. His green card expired on 5/7. We got the text notification with the case number on 05/23 and a few days later we got the NOA/extension letter.

It's all good as long as USPS delivers the package today. I do not know if the AZ lockbox is open on Saturdays, though.

 

Hopefully, you fill out everything correctly, submitted the correct fees, wrote the check correctly and sent sufficient evidence. If you did all those, then he should get the NOA in a few weeks. 

 

There is no need to notify HR either. HR does not need to reverify him.