What should I filled I-751 or a new I-130? I-751 is almost 3 years late

[Anapm0306 0]

I received my conditional resident through marriage. My husband and I have been happily married for 5 years now with 2 kids. My conditional resident card has expired since December 2016. My original green card stolen so missed the expectation date. When I realized at the time I didn’t have the money for an attorney and for the form fees. Things just got busier around my house with my first born son being a teenager and causing a lot of issue and got pregnant of my 2nd child with my husband  had a bit stressful birth as it let to an emergency c-section. I am now getting ready to file my late I751 as directed by the attorney but now sure if to get a second opinion since we be married for long just to file a new I130 and get the Permant 10yrs green card and to have to wait for the long I751 processes. I am here to seek advice not to be judge of how irresponsible it May sound my situations sounds. 

[milimelo 4,196]

I’d call up uscis to make sure that there are no nta (notice to appear). 

Did you move and didn’t update uscis either? (Ar-11 on uscis.gov for you and I-865 for USC husband). 

[Anapm0306 0]

29 minutes ago, milimelo said:

I’d call up uscis to make sure that there are no nta (notice to appear). 

Did you move and didn’t update uscis either? (Ar-11 on uscis.gov for you and I-865 for USC husband). 

I did receive the notice of termination of the conditional residence but not the notice to appear. I have not moved. 

[mindthegap 2,521]

An I-130 is not applicable to you.

 

You must file your I-75, and for it to be accepted as a late joint filing you must enclose a valid reason (or reasons) for the late filing. Money, medical, stress - all of these are valid reasons, so list them. 

 

Even if there is an NTA (notice to appear) or court proceedings have started, then you can still file an I-751 and indeed should. The danger is that there has been a final order of removal by an immigration judge without your knowledge, which would mean you have lost your permanent resident status, and makes things slightly tricker. Note that USCIS termination letter does NOT terminate your status - only a judge can do that.

Call 1-800-898-7180 (toll-free) and have your A# number (your USCIS number on your 2yr card) and input it into the automated system, which will tell you if there are pending proceedings against you, or if you have had a judgement against you in absentia https://www.justice.gov/eoir/customer-service-initiatives

Edited August 19, 2019 by mindthegap

[Anapm0306 0]

1 minute ago, mindthegap said:

An I-130 is not applicable to you.

 

You must file your I-75, and for it to be accepted as a late joint filing you must enclose a valid reason (or reasons) for the late filing. Money, medical, stress - all of these are valid reasons, so list them. 

 

Even if there is an NTA (notice to appear) or court proceedings have started, then you can still file an I-751 and indeed should. The danger is that there has been a final order of removal by an immigration judge without your knowledge, which would mean you have lost your permanent resident status, and makes things slightly tricker.

Call 1-800-898-7180 (toll-free) and have your A# number (your USCIS number on your 2yr card) and input it into the automated system, which will tell you if there are pending proceedings against you, or if you have had a judgement against you in absentia https://www.justice.gov/eoir/customer-service-initiatives

I will call and check the website. The only I received so far was the notice of termination of the conditional residence. 

[Anapm0306 0]

13 minutes ago, mindthegap said:

An I-130 is not applicable to you.

 

You must file your I-75, and for it to be accepted as a late joint filing you must enclose a valid reason (or reasons) for the late filing. Money, medical, stress - all of these are valid reasons, so list them. 

 

Even if there is an NTA (notice to appear) or court proceedings have started, then you can still file an I-751 and indeed should. The danger is that there has been a final order of removal by an immigration judge without your knowledge, which would mean you have lost your permanent resident status, and makes things slightly tricker. Note that USCIS termination letter does NOT terminate your status - only a judge can do that.

Call 1-800-898-7180 (toll-free) and have your A# number (your USCIS number on your 2yr card) and input it into the automated system, which will tell you if there are pending proceedings against you, or if you have had a judgement against you in absentia https://www.justice.gov/eoir/customer-service-initiatives

I just called and says I have a hearing on 12/10/19 before the judge. I am getting ready to file everything this week. You think this will give time to be looked at and will not have to appear again ya the judge? 

[mindthegap 2,521]

With a pending I-751 any court proceedings will be stayed (paused) until adjudication of the I-751.

You would still have to appear

 

[Anapm0306 0]

1 minute ago, mindthegap said:

With a pending I-751 any court proceedings will be stayed (paused) until adjudication of the I-751.

You would still have to appear

 

With a pending I-751 and appearing to court what danger am I in at the time I appear in front of a Judge? Can the judge make a decision at the time? I have also been married for the 5 years, have 3 US citizen son. 1 prior my husband and 2 with my husband. What are my chances on this case? 

[mindthegap 2,521]

7 minutes ago, Anapm0306 said:

With a pending I-751 and appearing to court what danger am I in at the time I appear in front of a Judge? 

None at the hearing if you have a pending I-751.

 

7 minutes ago, Anapm0306 said:

 Can the judge make a decision at the time? 

No. A final order of removal cannot legally be made with a pending I-751, and the judge cannot influence or direct a decision on that.

USCIS must adjudicate it without prejudice, although a review of it and the decision may well be expedited.

 

7 minutes ago, Anapm0306 said:

 I have also been married for the 5 years, have 3 US citizen son. 1 prior my husband and 2 with my husband. What are my chances on this case? 

I-751s are adjudicated on the evidence of bona-fide-ness provided.

Filing late is not a reason for denial

 

 

 

Try not to worry too much -   although this is unfortunately and undoubtedly going to get a little more stressful for you with hearings and what not, you have rights as a LPR.

Just get that I-751 in as soon as possible, and then once you have a receipt number, go to an infopass for a stamp as proof of that status so you have something to provide should you need it. 

 

For a court appearance you may want to strongly consider having a lawyer there. 

Edited August 19, 2019 by mindthegap

[Anapm0306 0]

2 minutes ago, mindthegap said:

None at the hearing if you have a pending I-751.

 

No. A final order of removal cannot legally be made with a pending I-751, and the judge cannot influence or direct a decision on that.

USCIS must adjudicate it without prejudice, although a review of it and the decision may well be expedited.

 

I-751s are adjudicated on the evidence of bona-fide-ness provided.

Filing late is not a reason for denial

 

 

 

Try not to worry too much -   although this is unfortunately and undoubtedly going to get a little more stressful for you with hearings and what not, you have rights as a LPR.

Just get that I-751 in as soon as possible, and then once you have a receipt number, go to an infopass for a stamp as proof of that status so you have something to provide should you need it. 

 

For a court appearance you may want to strongly consider having a lawyer there. 

Thank you so much I will keep you posted on my case and I getting all my bone-fine together and providing everything to my lawyer this week 

[mindthegap 2,521]

Somewhat concerned that your lawyer didn't even check to see if you had a pending hearing....especially given how late the filing is.

[Anapm0306 0]

Just now, mindthegap said:

Somewhat concerned that your lawyer didn't even check to see if you had a pending hearing....especially given how late the filing is.

I just thought of the also and will question about it when I meet them this week. 

[Dashinka 23,243]

12 hours ago, mindthegap said:

Somewhat concerned that your lawyer didn't even check to see if you had a pending hearing....especially given how late the filing is.

No doubt.