Forgot to Remove Condition on my Permanent Resident card

[Bugs 455]

The way I see it, you have three choices.

Comply with deportation, then try and get back legally.

Remain here in the US along with the other millions of illegals and hope that the new immigration reform covers you, and/or work underground like they all are.

Talk with a lawyer to see what additional options he/she can come up with.

[Mariana2012 89]

I think we should close this thread...the OP has long time left the "board"...LOL

Maybe they forgot to come check.....

Sorry that's mean. The OP hopefully is busy looking for a lawyer and finally freaking out as they should....

I am amazed how something so valuable ( greencard) can be overlooked so easily.... Oh well..

[Dieseltu 19]

I have a hard time with the I forgot for 5 years too. So, Maybe it wasn't easily forgot. . And I hope I don't up getting my fiancée here. And keeping her here. He needs to call a lawyer. Get him on board. My opinion. And NOT call any government agency. Theyre just gonna start deportation proceedings.

Edited May 5, 2013 by Dieseltu

[Laura & Kyle 16]

What is happening hear is similar to the issues with the two friends of Tsarnaev. Congress is questioning how people who are no longer in proper status are remaining in the US without being on the radar. There has been research showing the everify program does not work as it was hoped it would. The different organizations that work with immigration status are not working together and it's cause those who are out of status (or completely without status) to not be noticed.

The OP probably had a rough night last night and is either thinking of hare-brained (illegal) solutions or is hopefully trying to find a great lawyer. This is not a movie. Hope they are on their way to finding a lawyer...

[Gosia & Tito 199]

Hi

So i got married December 2005 and got my Permanent Resident Card. No problem there.

2008 I finished my bachelor degree and got a job same year. So I worked for this company for 4.5 years and now I'm looking for another job.

Here is the problem.

My Permanent resident card expired 06/12/2008 and I didn't even know about it until now that I'm looking for a new job.

To add more to this thing, I got divorced December 2012 and have two children.

My question is, how do i renew my card?

Do I remove the condition (I-751), or do i apply for e new card (I-90)?

Any advice?

Retain an immigration attorney ASAP, and a good one. You are subject to deportation. You must check whether deportation procedures are on going against you. Even if there are not, you have been living and working in the US without authorization.

Forgetting to do ROC is not going to be a good reason why you didn't renew.

Because you properly and validly had an I-9, no issues have been raised by your current company. They have no idea you are not longer authorized (nor is their job).

Again, retain an immigration attorney asap and determine what must be done. I'd think that you would have to advice your company of the situation, otherwise, they are also in violation of the law. But I'd talk to the attorney first.

Lycka till.

[Gosia & Tito 199]

I will call them on Monday to see what can be done.

If I need a lawyer or not.

I don't know how serious this situation is, but I have been a good citizen. I was married for almost 8 years and have two children.

The only problem is that I forgot to renew the card.

I hope they don't make a huge deal out of this.

Do not call any government agency until you have a lawyer and have discussed the situation as to properly address it.

[Gosia & Tito 199]

I'm not going to the office, I will make a phone call.

If it is this serious my SS would have been canceled. My credit cards and probably would have told my current employer to not hire me. I got hired by one of the biggest Hotel/casino here in Las Vegas, and the card was already expired.

So I don't know, I'm new to all this and I hope this is not a huge deal. We will see on Monday when I call them.

You are assuming things here work like in Sverige. They do not!! This is very serious. SSA only checks once, when you get your new SSN. After that it is up for the employer, via I-9; but if you reamin employed with the same company, there is no reson for them to re-check and do a new I-9.

The I-9 checks were manual until not so long ago, and employers only needed to keep documentation on file. It now can be checked electronically.

But even if no one updated your status and changed it to not authorized, in which case, you were lucky as you specific case fell thru a crack (which knowing how USCIS works, I am not surprised), it still does not relieve you from the rules.

A decent attorney would be able to use to your advantage that USCIS info itself (if in fact is the case) let you to believe you were good. But, I wouldn't just assume that is what is going to happen, it might not.

[VanessaTony 3,567]

A decent attorney would be able to use to your advantage that USCIS info itself (if in fact is the case) let you to believe you were good. But, I wouldn't just assume that is what is going to happen, it might not.

Highly doubt even a decent attorney would be able to explain away why the OP didn't monitor their own status. I know when something I have expires, it's not good any more... I just don't understand not noticing it expires.

Add to that, if the OP moved and didn't advise USCIS by filing the AR-11 how are they supposed to contact them?

The OP hasn't been back so I do wonder whether they ever moved since 2008 and didn't advise USCIS. I wonder whether they were therefore deported inabsentia...

[gap1 21]

How did this even happen in the first place? I mean, your status is extremely important. Did you just file your temporary green card away somewhere and think "Well, I'm done, I'm a citizen now, no need to take any further action?". Did you not do any research whatsoever on the process?

[Gosia & Tito 199]

Highly doubt even a decent attorney would be able to explain away why the OP didn't monitor their own status. I know when something I have expires, it's not good any more... I just don't understand not noticing it expires.

Add to that, if the OP moved and didn't advise USCIS by filing the AR-11 how are they supposed to contact them?

The OP hasn't been back so I do wonder whether they ever moved since 2008 and didn't advise USCIS. I wonder whether they were therefore deported inabsentia...

Well, not to start a debate on the technicalities, but I was not meaning it as an explanation. Lawyers do exploit technicalities to win cases, after all, it is innocent until proven guilty (though with USCIS often is prove them wrong)

OP noted only now she is looking for a job, it might be she never moved...bit it's all speculation until we hear back from OP. What is clear and without doubts is that she needs a lawyer if she has any chance to remain in the US.

Yes, they she might have been deported already (in paper) and is a matter of being found, that's why I also noted in another post to not contact any government agency until having a lawyer and knowing what the options are.

[bewildering 9]

Hmm,

The OP needs legal advice, and should go to an immigration lawyer before doing anything. This situation is outside of the expertise of anyone on this board.

I googled and found that the situation is not too bad at all.

http://www.avvo.com/legal-answers/can-i-regain-my-status-by-filing-a-10-year-delayed-74571.html?ref=related_documents_title_1

Apparently the length of time is unimportant, the USCIS treats a week late as they would treat a year late.

The USCIS are only interested in whether the marriage was real or not. And the fact you had two kids together and stayeed together for 8 years is pretty compelling evidence of a bone fide marriage.

Take the advice in the link above, and go see a lawyer. But do not be panicked by the folks on this board, you aren't going to be bussed straight to immigration gaol!!!

Edited May 5, 2013 by bewildering

[gap1 21]

I don't think it's panicked board members as much as the I-751 form instructions specifically state they will begin removal proceedings against the applicant immediately if the removal of conditions are not filed in the 90 day window. The instructions themselves are very matter of fact.

[bewildering 9]

I don't think it's panicked board members as much as the I-751 form instructions specifically state they will begin removal proceedings against the applicant immediately if the removal of conditions are not filed in the 90 day window. The instructions themselves are very matter of fact.

Consider the OP, and others, are still in the US after 8 years! We can assume the USCIS does not actively pursue people if they don't file a 751. I find it really odd, we provide all this information to the USCIS, and they have so many bold statements, but nothing happens to people like the OP!

Probably too much effort. The USCIS can't monitor people or chase them down, in fact the USCIS might just think the OP left the country before two years. There still is no exit visa from the US, despite the demands of congress.

They probably just mark your file and wait for you to try to use the greencard to enter the country and then you are in trouble. Or if you commit another crime and are questioned about your status. But if you do as the OP, just get on with life and don't travel, then nothing happens to you.

My concern for OP is that she/he is not eligible for medicare or social security. This means that she is paying taxes for nothing and in 20-30 years will be kicking her/himself for not sorting this mess out.

[NigeriaorBust 4,087]

Walking down the street can you tell the illegal immigrant from the valid one ? Do you think they have the manpower to stop every person and ask for their papers ? Illegals are more or less undectable. Personally I think the answer is to stop molly cuddling them and eliminate all ability for them to become legal and impose jail and lifetime bans when caught.

[Alex-76 0]

You are not in a good place but its not the worst thing that ever happened. This can be salvaged. You made a terrible mistake but this happens more often than a lot of people are willing to admit.

Forget all the negativity you are getting here. Contact an attorney and see what your options are. I know someone that did not follow through with their initial adjustment of status once she got a decent job. Later on, she met someone else and this time, she followed through with the AOS. She wrote a letter to USCIS asking them to close off her previous case then filed an AOS and included the divorce decree with her application.

There are over 11M undocumented immigrants! Millions of other illegals. Your situation is bad but its not like anyone died and its really not the worst thing that happened:) There is still alot you can do. We all make mistakes. So keep your head up and pursue your options

Thanks!

There is so much negativity here. Just telling me to leave the country, that won't be able to see my kids. I mean come on!

They want to sound like they are experts in this situation.

Here is the thing, I will talk tomorrow about this situation and see what i can do. There is nothing more i can do than to start from there.

Thank you for being positive.