I-751 RETURNED

[welshdave 6]

Hey everyone,

I used to post on here a lot but I lost my username because an old emails account closed out... anyway..

I mailed in my RoC on April 18th. They received it on the 21st. My green card expired on the 21st.

The mail carrier said it takes 2 days to get to Calfornia, the USCIS SVC Center - but I guess they didn't get to it till a day later.

Now that I have to refile, (I guess attaching a form stating my tardiness) is there anything else I should be worrying about? I know the LAW is the LAW etc - but I mailed it beforehand, and everything else was in order.

Do I need a lawyer? Should I contact a state representative? The reason I actually filed it THAT close was due to financial reasons - but i don't think they're going to care. If i stick to the fact that I believed that the date of mailing was before the 90 day window, is that enough of a reason?

Please, I appreciate your advice,

David

[Sean86 31]

You would need a lawyer.. THe law clearly states that file BEFORE you GC expires.. It might come back to haunt you now and have to spend even more on a lawyer now considering you were trying to save money before. You should have alt east filed a week before.

Nothing can be done now. Call a good lawyer immidiately or you might be deported.

Good Luck

Hey everyone,

I used to post on here a lot but I lost my username because an old emails account closed out... anyway..

I mailed in my RoC on April 18th. They received it on the 21st. My green card expired on the 21st.

The mail carrier said it takes 2 days to get to Calfornia, the USCIS SVC Center - but I guess they didn't get to it till a day later.

Now that I have to refile, (I guess attaching a form stating my tardiness) is there anything else I should be worrying about? I know the LAW is the LAW etc - but I mailed it beforehand, and everything else was in order.

Do I need a lawyer? Should I contact a state representative? The reason I actually filed it THAT close was due to financial reasons - but i don't think they're going to care. If i stick to the fact that I believed that the date of mailing was before the 90 day window, is that enough of a reason?

Please, I appreciate your advice,

David

[asdic 1]

You are definitely late now. Your best bet now is to obtain a waiver through a lawyer to refile.

[welshdave 6]

You would need a lawyer.. THe law clearly states that file BEFORE you GC expires.. It might come back to haunt you now and have to spend even more on a lawyer now considering you were trying to save money before. You should have alt east filed a week before.

Nothing can be done now. Call a good lawyer immidiately or you might be deported.

Good Luck

It seems you have no bearing or experience to be dishing out advice. So don't. You can't just put the word LAW in capital letters and think that makes your apparent opinion correct. Obtain a lawyer when the documentation clearly states

""The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status."

Besides - they actually received it ON TIME, they simply didn't open it until afterward (the 24th). I spoke to USCIS this morning and they assured me everything is oK.

And how the hell was I saving money?? The petition costs the same whether I mailed it one day or the next!!

Thanks!!

[Nich-Nick 3,354]

Besides - they actually received it ON TIME, they simply didn't open it until afterward (the 24th). I spoke to USCIS this morning and they assured me everything is oK.

You didn't say why it was returned? Is there something they said needed to be corrected in your submission?

[Steve D. 22]

Did you keep the receipt of your original mailing? If you do that'll be great and make sure you include a copy at your re-filing. Technically if they want to argue, you can always go with the DATE STAMP of the actual mailing, which technically is NOT late.

Mine was 10 days late and I simply included an explanation letter why. Things happen, as long as you are not like half year or couple years late, and you have a good reason why then they would accept it.

Except now I'm 10+ months into the ROC and still nothing.

So either way, you can take the chance, save some money or, let the man argue about it.

[danmarkx 5]

I actually agree with WelshDave. He had a concern, and came on this forum for advice and educated opinions. Everyone needs to be cautioned against Insensitive statements without evidence.

I have read comments from different forums for a while, even before I signed up on VJ, and if there is anything I know it is that quite a number of people file late, and in some instances, up to 3 months late. You just make sure you have a very good reason why you did so. In WelshDave's situation, he can actually argue that he did not file late based on the dates given.

My advice is to get a print out from the postal carrier indicating the date it was mailed. Also, print out the tracking info showing that it was received by USCIS on the 21st. Also attached a letter giving a good reason why you waited to the end of the 90-day period to file. e.g. you were a student taking the biggest exam of your life or something like that (if you are a student).

Goodluck......we are all brothers in this journey!

[Gary and Alla 3,694]

It seems you have no bearing or experience to be dishing out advice. So don't. You can't just put the word LAW in capital letters and think that makes your apparent opinion correct. Obtain a lawyer when the documentation clearly states

""The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status."

Besides - they actually received it ON TIME, they simply didn't open it until afterward (the 24th). I spoke to USCIS this morning and they assured me everything is oK.

And how the hell was I saving money?? The petition costs the same whether I mailed it one day or the next!!

Thanks!!

There would be NO part of this process where one would NEED a lawyer. If you do not know how to fill out paperwork or follow instrctions you need help from someone that does, but you do not NEED a lawyer.

USCIS will consider you are filing late, they go by when it is entered, not when it is mailed, BUT you could argue that you mailed it on time. Attach documentation that you have maintianed US residency and intend to. Your waiver will likely be granted. There is nothing more a lawyer can do than that. If you think it is worth a few thousand dollars for them to write the letter, let me know...I will do it for half.

Was the petition rejected because it was late or because you forgot some other item? Check, signature? At any rate, with the waiver attach evidence ytou mailed it earlier and it was returned.

You should be fine

DO NOT Leave the country until you have your extension letter in hand.

[welshdave 6]

There would be NO part of this process where one would NEED a lawyer. If you do not know how to fill out paperwork or follow instrctions you need help from someone that does, but you do not NEED a lawyer.

USCIS will consider you are filing late, they go by when it is entered, not when it is mailed, BUT you could argue that you mailed it on time. Attach documentation that you have maintianed US residency and intend to. Your waiver will likely be granted. There is nothing more a lawyer can do than that. If you think it is worth a few thousand dollars for them to write the letter, let me know...I will do it for half.

Was the petition rejected because it was late or because you forgot some other item? Check, signature? At any rate, with the waiver attach evidence ytou mailed it earlier and it was returned.

You should be fine

DO NOT Leave the country until you have your extension letter in hand.

My expiry date was 4.21.2012.

here is the USPS - i mailed it on 4/18/12 and they assured me (certified priority) that it would be there by the 20th.

https://tools.usps.com/go/TrackConfirmAction.action?tLabels=70112970000417862139

being "late" is the ONLY reason they rejected it. Also, they didn't actually open it until the 24th.

Thanks for your support ladies and gents..

D

[PMartin37 161]

My expiry date was 4.21.2012.

here is the USPS - i mailed it on 4/18/12 and they assured me (certified priority) that it would be there by the 20th.

https://tools.usps.com/go/TrackConfirmAction.action?tLabels=70112970000417862139

being "late" is the ONLY reason they rejected it. Also, they didn't actually open it until the 24th.

Thanks for your support ladies and gents..

D

Geez, I would hope they wouldn't quibble about a couple of days if you have proof that you mailed it in time. I thought surely they would mark the date it comes to their office...not when they get around to looking at it?? Frankly, it sounds like a slipup on their part in the mail room. Anyways, good luck to you with this!

[Glyn and Kathy 288]

DO NOT WORRY! Ours was MONTHS late and we sent them a long letter explaining why. We did have very good reasons, and we were approved. I'm sure since you have proof that you originally mailed it in on time, that if you just write a letter of explanation, along with a copy of the proof you have, you will be fine. You are NOT going to be deported and a lawyer is definitely not needed.

Edited to add, while I say the OP has no reason to worry...I definitely do not suggest being late, its just too much to risk and its more stressful. Also, as Gary and Alla said above....DO NOT LEAVE THE COUNTRY until your extension letter is in hand.

Edited May 5, 2012 by Glyn and Kathy

[Anh map 2,098]

Several VJ members have filed shortly after the deadline and have been successful. And money challenges have usually been the issue. So you ought to have been ok.

That being said, make sure that the date received is the only issue. Read through the letter you received once again and then resubmit as others have stated. Don't "pad" your reason, just be straight forward.

And this time, go ahead and spend the few extra $$ for overnight delivery.

Keep us posted on your progress. Other members have been in the same boat and it's worked out. Best of luck.

[M -and- A 3]

You said "certified priority", and if you truly mean "certified mail", I believe that the consensus recommendation is to *not* use certified mail, because it requires that someone sign, and if nobody is available to sign, they'll take it back to the post office and try delivery again the next day, possibly delaying delivery.

[Deputy Purple 1,294]

My expiry date was 4.21.2012.

here is the USPS - i mailed it on 4/18/12 and they assured me (certified priority) that it would be there by the 20th.

https://tools.usps.c...970000417862139

being "late" is the ONLY reason they rejected it. Also, they didn't actually open it until the 24th.

I don't understand why you would have added "Certified" on top of Priority Mailing. The Priority Mailing already gives you tracking and delivery confirmation but that's a moot point. Ironically Priority is better than Certified because it is trackable and gives you confirmation of delivery whereas Certified only gives you proof of delivery.

FWIW, Priority mail does not come with delivery guarantee, just an estimate of delivery times which usually is stated like "2 - 3 days". When time is of the essence you should either mail early via Priority Mail (giving at least 1 week) or pay extra for Express (overnight) which is guaranteed.

I assume that by rejected you mean they didn't accept payment? That's good for you. You should be able to resubmit the packet providing the reason for your late filing (I'd include the tracking info and a copy of your USPS receipt with that info on it to show that you simply erred and sent it just a wee bit later than you should have.

[Cino 5]

Mailing late causes "Detour" in the process & gives you headache. In the end, you will be approved, nothing to worry.

You can discuss that you have filed it on time but received date is considered not the post mark.

Since USCIS was closed at weekends that is why your filing has been rejected , however if the next day was a work day, this wouldn't be happened

If you give a good excuse then IO accepts your late-filing, of course it depends on his/her discretion.

Otherwise, I'm afraid you have to explain your reasons (of filing I-751 late) before an immigration judge. Good luck !... Please keep us posted...

Edited May 7, 2012 by Cino