Jump to content
Sign in to follow this  

romoval of condition issue.

3 posts in this topic

Recommended Posts

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.

Share this post

Link to post
Share on other sites

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.

Share this post

Link to post
Share on other sites

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.

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.