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J & R75

EXPIRED CONDITIONAL GREEN CARD

By J & R75 in Removing Conditions on Residency General Discussion

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Mike E Grand Master

Mike E   11,740

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted (edited)

The man needed to file his I-751 before the card expired.  
 

He is no longer a lawful permanent resident. His presence in the US is now unauthorized and he is subject to removal.  
 

See a competent immigration attorney now.  

Edited by Mike E
superduperfriend Apprentice

superduperfriend   1

Posted
Filed: AOS (apr) Country: Peru
 Timeline
Posted

Agree with Mike. He will probably get a notice to appear in court and will have a chance to explain the judge why he did not file on time. But I would not wait to get the NTA, and I would contact a lawyer asap.

My Journey :luv:

February 9, 2014 - POE

March 28, 2014 - CIVIL SURGEON/ FORM I-693 (VACCINES)

May 15, 2014 - GOT MARRIED

June 21, 2014 - MAILED I-130, AOS, AP & EAD

June 24, 2014 - USCIS received I-130, AOS, AP & EAD

July 5, 2014 - NOA1 FOR I-130, AOS, AP & EAD (Mail)

July 8, 2014 - NOA2 for Biometrics appointment July 22, 2014 :thumbs:

July 22, 2014 - Biometrics done

September 10, 2014 - AP and EAD approved

September 16, 2014 - Received my combo card in the mail :dancing:

October 9, 2014 - Interview- APPROVED :dancing:

October 17, 2014 - Received green card in the mail

Removal of Condtions:

Start building package before July 16, 2016

event.png

Thegirl Proficient

Thegirl   225

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted

Definitely file asap 

Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:

August 17, 2016: Visa Approved!!!! :dancing:

Loren Y Proficient

Loren Y   2,755

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

Like others have said. File ASAP and include a reason why he filled late. My advice.. blame it on the coronavirus, that seems to cover everything you could possibly do wrong as a legitimate excuse for now. Take advantage of it.

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

Crazy Cat Grand Master

Crazy Cat   41,975

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
19 hours ago, J & R75 said:

My sister's husband conditional card has expired.  should we still submit the application or what would be the best course of actions?

 

any idea??

File the I-751 package ASAP!!!!  and provide a letter explaining why he is filing late.

 

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted (edited)

Important question: Is he filing jointly with spouse or solo with a waiver?

 

If filing jointly, then you MUST include a letter explaining the reason for late filing. It will either be accepted or it won't.

If filing solo/waiver, no letter is required as a solo/waiver filing is permitted to be filed at any time and the 90 day window does not apply.

 

Regardless, file it ASAP.

 

20 hours ago, Mike E said:

He is no longer a lawful permanent resident. His presence in the US is now unauthorized and he is subject to removal.  

 

Regardless of which of the above circumstance is applicable, he remains a LPR until a final order of removal by an immigration judge, which usually takes years, and has many, many steps before this occurs.

They would also still be entitled to a stamp as proof of LPR status for the duration of such proceedings until such order is made, and remain a LPR until then, with all the rights and responsibilities associated with that.  

 

Please stop scaremongering by posting inaccuracies masquerading as fact. 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

mushroomspore Proficient

mushroomspore   3,044

Posted
Filed: Citizen (apr) Timeline
Posted
21 hours ago, J & R75 said:

My sister's husband conditional card has expired.  should we still submit the application or what would be the best course of actions?

 

any idea??

Tell him to file ASAP with a letter explaining why it was filed late. Why did they not file?

Crazy Cat Grand Master

Crazy Cat   41,975

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
1 hour ago, mindthegap said:

If filing solo/waiver, no letter is required as a solo/waiver filing is permitted to be filed at any time and the 90 day window does not apply.

In this case, the holder will be filing after the card has expired.  Both Solo and joint would need an explanation.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   41,975

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
11 minutes ago, HRQX said:

The "good cause" requirement is specifically for late joint filings; see INA 216(d)(2)

 

The waiver filings under INA 216(c)(4) don't need "good cause" for late filing.

That might be technically true, but I would submit with a reason for the late filing.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted (edited)
34 minutes ago, Lucky Cat said:

In this case, the holder will be filing after the card has expired.  Both Solo and joint would need an explanation.

Wrong, but thanks for playing. From the instructions:

 

935387533_ScreenShot2020-04-14at19_59_50.jpg.6d7b26f9fa8a4c9585ad5d165a1a86f2.jpg

 

 

and extracts from a fairly comprehensive clarification by DHS & the ombudsman:

 

Yqk4DuR3.jpg

 

and

 

QauHssHE.jpg

6BRJ3qGo.jpg

 

 

 

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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