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My 2 year conditional green card expired...

#1 lubangtam

lubangtam

    Junior Member

  • PipPip


Posted 25 April 2009 - 12:18 PM

I jsut found out my 2 year green card had expired. can i still file a I-751?
do anyone know what i should do??
help....
i can not believe this is happening. i am so stupid.... crying.gif
  • 0
LUBAngtam

#2 Dakine

Dakine

    BIG crab/Anaka



Posted 25 April 2009 - 12:26 PM

QUOTE (lubangtam @ Apr 25 2009, 07:18 AM) <{POST_SNAPBACK}>
I jsut found out my 2 year green card had expired. can i still file a I-751?
do anyone know what i should do??
help....
i can not believe this is happening. i am so stupid.... crying.gif

headbonk.gif You said it! You are subject to removal proceedings now.
You have to file the I-751 with a good reason for being late.
If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

Read the GUIDEs

Edited by Haole, 25 April 2009 - 12:31 PM.

  • 0
K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!

#3 Dakine

Dakine

    BIG crab/Anaka



Posted 25 April 2009 - 12:44 PM

QUOTE (Haole @ Apr 25 2009, 07:26 AM) <{POST_SNAPBACK}>
QUOTE (lubangtam @ Apr 25 2009, 07:18 AM) <{POST_SNAPBACK}>
I jsut found out my 2 year green card had expired. can i still file a I-751?
do anyone know what i should do??
help....
i can not believe this is happening. i am so stupid.... crying.gif

headbonk.gif You said it! You are subject to removal proceedings now.
You have to file the I-751 with a good reason for being late.
If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

Read the GUIDEs

Get the petition in ASAP. I've seen where they may be more forgiving if you apply within 30 days of the expiration date.

  • 0
K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!

#4 lubangtam

lubangtam

    Junior Member

  • PipPip


Posted 25 April 2009 - 12:48 PM

what could be a good reason besides my stupidity....
oh man..

is there anyone here who has had the same situation before? and how was it solved?




QUOTE (Haole @ Apr 25 2009, 01:44 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Apr 25 2009, 07:26 AM) <{POST_SNAPBACK}>
QUOTE (lubangtam @ Apr 25 2009, 07:18 AM) <{POST_SNAPBACK}>
I jsut found out my 2 year green card had expired. can i still file a I-751?
do anyone know what i should do??
help....
i can not believe this is happening. i am so stupid.... crying.gif

headbonk.gif You said it! You are subject to removal proceedings now.
You have to file the I-751 with a good reason for being late.
If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

Read the GUIDEs

Get the petition in ASAP. I've seen where they may be more forgiving if you apply within 30 days of the expiration date.


  • 0
LUBAngtam

#5 kcoyclay1

kcoyclay1

    Platinum Member



Posted 25 April 2009 - 09:30 PM

There are some things that we NEED to remember, especially when it is so important. You are a conditional resident and not a citizen so you should never have gotten so complacent so that you forgot. Anyway, I truly hope that you will be pardoned.
  • 0

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

 

Naturalization Process (5 Yrs Later)  :goofy: 

 
Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling

--------------------
KayCee

Ccut.jpg.png


#6 Dakine

Dakine

    BIG crab/Anaka



Posted 25 April 2009 - 10:49 PM

You are in a VERY serious situation. Here's similiar info.
Immigration law requires that the joint petition (form I-751) be filed within the 90 day period prior to the expiration of Conditional Permanent Residency. Residency terminates on the two year anniversary of the grant of residency, if an I-751 has not been filed. So you are technically out of status for failure to file an I-751, and clearly, you are not authorized to travel or work at this time.


Filing of the I-751 immediately with a full explanation of why you did not timely file it is one thing you can do at this point. The filing will generate a receipt which will extend your residency for one year, during which time you will likely be called in for an interview at a local office of the USCIS. Whether the late filing is accepted or rejected will depend on the reasons you give for the late filing and the immigration officer's determination of whether those reasons show good cause. Also be prepared to prove the continuing bona fides and viability of your marriage by presenting joint ownership of property, joint tenancy, commingled assets, and so forth.

I'd get a lawyer before you file whose had experience with such. Hopefully can come up with a good enuf cause for filing late besides you forgot.
I have seen others here on VJ that also filed late but never saw the results.



  • 0
K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!



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