Filed I-751 late

[Gomez 3]

Hi all,

We have filed the I-751 before the 90 day period, but our application was sent back to us because of incorrect payment enclosed. We have forgotten to include Biometrics fee for my 7 y/o daughter. So we wrote another check and sent the packet back...and this time it is a few days past the expiration date of my Green Card. I know we should have included a letter of explanation why it was late, but we did not include a letter but sent the dated notice they sent us saying they cant accept our application due to incorrect payment instead. We thought that this would not cause any issue as we did not really intend to file late.

Now, 6 months after...all along we thought our application is being processed, I got a letter from USCIS saying my status has been terminated due to applying late. I am freaking out right now, especially when it talks about removal proceedings and stuff. We never commited a crime and would not want to make excuses about not including letter of explanation, we overlooked that. We are at lost and not sure what to do next and what to expect. I guess my question is, can someone give us insights on what is to happen and what to expect? We don't understand why it took them 6 months and cashed the $600 before letting us know we filed late, I am just so worried right now and any helpful insights is greatly appreciated.

JM

[venera 0]

Hi all,

We have filed the I-751 before the 90 day period, but our application was sent back to us because of incorrect payment enclosed. We have forgotten to include Biometrics fee for my 7 y/o daughter. So we wrote another check and sent the packet back...and this time it is a few days past the expiration date of my Green Card. I know we should have included a letter of explanation why it was late, but we did not include a letter but sent the dated notice they sent us saying they cant accept our application due to incorrect payment instead. We thought that this would not cause any issue as we did not really intend to file late.

Now, 6 months after...all along we thought our application is being processed, I got a letter from USCIS saying my status has been terminated due to applying late. I am freaking out right now, especially when it talks about removal proceedings and stuff. We never commited a crime and would not want to make excuses about not including letter of explanation, we overlooked that. We are at lost and not sure what to do next and what to expect. I guess my question is, can someone give us insights on what is to happen and what to expect? We don't understand why it took them 6 months and cashed the $600 before letting us know we filed late, I am just so worried right now and any helpful insights is greatly appreciated.

JM

as i know you should have a letter of explanation why you were late.but dont worry hire a good lawyer and everything will be fine.

good luck

[venera 0]

Hi ,

I have a question, I filled I 751 on february ,

I have just checked that money order was cashed on februery 2 nd, that means I will get NOA? or 1 year extension letter?

thanks in advance

[elguevon 16]

There are a lot of threads in this forum regarding individuals filing late, some reasons match exactly your situation.

Simply click on the "Forum Search" near the top-right nav bar and search for the term "late". Read through the results as this has question has been answered numerous times before.

Here is an example with plenty of responses:

http://www.visajourney.com/forums/index.php?showtopic=206310

Hope this helps.

Edited February 7, 2010 by elguevon

[Shami 0]

There was a post by Katharyn41:

“There were two members of VJ who missed their deadline dates while I was going through the ROC process as well. They included a letter to USCIS apologizing for the delay and requesting consideration. Both of them were accepted and eventually approved for Removal of Conditions. In the USCIS Field Manual there is a section that discusses late filings for ROC. It basically states that it is up to the adjudicator's discretion whether they will accept a late filing or not, but generally they allow a 60 day 'grace' period in which to receive late filings, so I will just say get the application in ASAP, make sure you apologize for the late filing and ask them to look with favour upon your request to consider your application even though it is a week late. Good luck

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

25.1 Immigration Marriage Fraud Amendments of 1986

References: Section 216 of the Act 8 CFR 216 . . .

(F ) Termination of Status for Failure to File . Failure to properly file Form I-751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the U.S. Form I-751 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was good cause for the failure to file within the required time period.

and

3. (D) Terminations . These cases are denied for failure to file. They are put in a 60 day call-up category to give the petitioner and spouse a last chance to file the Form I-751. If they have not filed after the 60 day call-up time frame has expired, the case is routed to the district office for a Notice to Appear to be issued. 

. . . and maybe we can have a little bit less 'fire and brimstone' the next time someone asks for help? “

[Kathryn41 3,205]

It is surprising that they didn't accept your petition the few days that it was late - it is up to the discretion of the ruling officer to make that decision or not. Yes, it would have been a good idea to include a statement that the petition was filed initially on time but returned for incorrect fee and that the return made the re-submission late, but hind-site is always 20/20.

You would benefit from a consultation with a good immigration lawyer, but I believe that you will have the opportunity at a Court Hearing for your deportation to address the Judge and explain the circumstances. He has the power to overrule the decision to terminate your permanent residency for late filing, and I think the evidence that you have - showing you did submit in a timely way and that because of the error of not including the biometrics fee, that it was returned to you and then re-submitted late should go in your favour.

Good luck to you. I have included the appropriate sections of the Immigration and Naturalization Act that discusses late filing for Removal of Conditions below. You can read it for yourself here - it is section 216: http://www.uscis.gov/portal/site/uscis/men...RCRD&CH=afm

© Requirements of Timely Petition and Interview for Removal of Condition.-

(1) In general.-In order for the conditional basis established under subsection (a) for an alien spouse or an alien son or daughter to be removed-

(A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Attorney General, during the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1), and

(B) in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1).

(2) Termination of permanent resident status for failure to file petition or have personal interview.-

(A) In general.-In the case of an alien with permanent resident status on a conditional basis under subsection (a), if-

(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or

(ii) unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B), the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the alien's lawful admission for permanent residence

(B) Hearing in removal proceeding.-In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).

2) Period for filing petition.-

(A) 90-day period before second anniversary.-Except as provided in subparagraph (B), the petition under subsection ©(1)(A) must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence.

(B) Date petitions for good cause.-Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).

© Filing of petitions during removal.-In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B).

Edited February 8, 2010 by Kathryn41

[Gomez 3]

I have consulted an immigration lawyer and his advise was to re file and include a letter explaining the whole situation. He said we can still re file since I have not received a Notice To Appear yet hence I am not on Removal Proceedings. He was pretty optimistic on my case and said that we have nothing to worry about as we have shown the effort in the first place to file on time and the fact that my daughter received an extension notice and we both went to the Biometrics appointment, there might have been an error on their end.

I am still worried but after I talk to the lawyer, I feel a lot better. We would have to pay another $625 (which really sucks cause that is a lot of money) but we just want to get over this and move on. The immigration lawyer was so nice that he said he wont charge me for anything since we are filing it ourselves but he wants me to send him the letter of explanation we wrote so he can review it. He also said that he'll continue to guide me through process and just to keep in touch with him. He was heaven sent!

Thank you all for the replies, we really appreciate it and wish us luck!