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lovey07

romoval of condition issue.

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Me and my wife are having a very big problem regarding her son's green card.

here is the situation.My stepson arrived here in the US on a K-2 visa thru my wifes K-1 Petition in 2009.

My wife arrived first on July 2009 and her kids followed 2months later.My wife adjusted her status and

removal of condition by herself so her kids had to do theirs separately.On 2012 her son got his green card but only

for two years instead of ten.Since we don't know anything about immigration, at first we thought the card is the

actual permanent resident card so we did not scrutinize the card, then last year, 2014 which is the expiration of the card

my wife file for a renewal 3 months prior the expiration date, filed for I-190 GREEN CARD RENEWAL instead

of REMOVAL OF CONDITION, but they sent us an NOA that they received the application and NOA for biometrics then 9 months

after, which is 2 days ago we received a letter from USCIS that the I190 application is denied because the condition on his permanent resident

card have not been removed and that's when we found out that his green card is under conditional status.Now we don't know what

to do.We are worried that her son may already lost his permanent resident status coz its been months that his GC expired.We

called USCIS for advice and told us to send I751 removal of status with a letter explaining what happened, but I still want to get some

advised here at VJ, maybe you guys can give us some advice also.Thanks.

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I would make an infopass with the nearest USCIS office and let them know about your issue.

You might have to apply for I751 and send an explanation letter that you filed the wrong form and send a copy of all the receipts you got from USCIS regarding that wrong application.

They might accept the new application and they might deny it and have you start from scratch.

USCIS infopass will be the best source of info for your situation.

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A late I-751 can be filed if there is good cause. What constitutes "good cause" is up to USCIS.

I can't quite follow the timeline in your post, but since you did file a form 3 months prior to expiration, you will at least be able to show that you had good faith. You were confused, but had good faith.

But maybe it would be a good idea to get an attorney. The last thing you want is your stepson to be deported and barred from reentry for overstaying.

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