I Messed up - Conditional Green Card Expired

[Canadaeh! 1]

Hello,

 

I got my conditional green card in 2018 and was not aware of the 90 day application before expiration period until today. We had a baby in mid 2019 and COVID happened, it just skipped my mind to check status of my green card, until today.

 

Now I am 7 months past the expiration date and online the details are limited. USCIS even talks about removal from the country(scary part). However it does mention that you can still file for the form but with a letter explaining why there was a delay? 

 

Has anybody gone through this process? What are my options? Should I hire an attorney? 

 

What should I do?

[mushroomspore 3,043]

11 minutes ago, Canadaeh! said:

Hello,

 

I got my conditional green card in 2018 and was not aware of the 90 day application before expiration period until today. We had a baby in mid 2019 and COVID happened, it just skipped my mind to check status of my green card, until today.

 

Now I am 7 months past the expiration date and online the details are limited. USCIS even talks about removal from the country(scary part). However it does mention that you can still file for the form but with a letter explaining why there was a delay? 

 

Has anybody gone through this process? What are my options? Should I hire an attorney? 

 

What should I do?

File I-751 with all supporting documentation and a letter explaining why you filed late. Seven months is pretty long, but because of COVID, I think they're being more lenient than usual. They're likely to accept the application and send you the extension letter. You're not the only one that this has happened to but the GC's expiration date was right there.

Edited January 12, 2021 by mushroomspore

[Liam2021 560]

9 minutes ago, Canadaeh! said:

Hello,

 

I got my conditional green card in 2018 and was not aware of the 90 day application before expiration period until today. We had a baby in mid 2019 and COVID happened, it just skipped my mind to check status of my green card, until today.

 

Now I am 7 months past the expiration date and online the details are limited. USCIS even talks about removal from the country(scary part). However it does mention that you can still file for the form but with a letter explaining why there was a delay? 

 

Has anybody gone through this process? What are my options? Should I hire an attorney? 

 

What should I do?

Gather as much as evidences, then send a I-751 together with a letter explain the situation(COVID-19, new child). With your situation, I'm recommend send the package with next day deliver + tracking number .

[Canadaeh! 1]

27 minutes ago, mushroomspore said:

File I-751 with all supporting documentation and a letter explaining why you filed late. Seven months is pretty long, but because of COVID, I think they're being more lenient than usual. They're likely to accept the application and send you the extension letter. You're not the only one that this has happened to but the GC's expiration date was right there.

Thank you Liam2021 and mushroomspore for the quick reply. I know I messed up, never needed green card for anything as I had my DL. So it was out of sight-out of mind. 

 

Do you happen to have a link to or a sample explanation letter, so I can get an idea of what the format should look like?

 

Also have you seen cases where folks get deported for this? Just trying to keep my sanity in check.

[Orangesapples 1,954]

14 minutes ago, Canadaeh! said:

Thank you Liam2021 and mushroomspore for the quick reply. I know I messed up, never needed green card for anything as I had my DL. So it was out of sight-out of mind. 

 

Do you happen to have a link to or a sample explanation letter, so I can get an idea of what the format should look like?

 

Also have you seen cases where folks get deported for this? Just trying to keep my sanity in check.

The format is not important, just make sure the cover letter explains things clearly. 

[Sukie 1,440]

Format is not as important as speed at this point.  Get your documentation together ASAP!!!!  Make a copy of everything you send.  Write a letter talking about having a baby, and that COVID has changed your day-to-day life and you honestly forgot about the ROC date.  You sincerely apologize for the oversight, and you hope that USCIS will consider your application even though it is late.

 

Do not skimp on your proof, but do not let much more time go by before getting your paperwork in.  There are MANY posts here on Visa Journey with examples of what to send.  Your child is great proof!

 

Best of luck!

 

Sukie in NY

[Crazy Cat 39,353]

1 hour ago, Canadaeh! said:

Hello,

 

I got my conditional green card in 2018 and was not aware of the 90 day application before expiration period until today. We had a baby in mid 2019 and COVID happened, it just skipped my mind to check status of my green card, until today.

 

Now I am 7 months past the expiration date and online the details are limited. USCIS even talks about removal from the country(scary part). However it does mention that you can still file for the form but with a letter explaining why there was a delay? 

 

Has anybody gone through this process? What are my options? Should I hire an attorney? 

 

What should I do?

This site has a guide.  Use it and file ASAP!!!!  

[little immigrant 800]

4 hours ago, Canadaeh! said:

Thank you Liam2021 and mushroomspore for the quick reply. I know I messed up, never needed green card for anything as I had my DL. So it was out of sight-out of mind. 

 

Do you happen to have a link to or a sample explanation letter, so I can get an idea of what the format should look like?

 

Also have you seen cases where folks get deported for this? Just trying to keep my sanity in check.

Does your DL not expire the same day as your GC? Mine did

[eckoin 211]

49 minutes ago, little immigrant said:

Does your DL not expire the same day as your GC? Mine did

Depends on the state. I had a 10yr license in SC and OR, with the conditional GC. Other states use the date on the ID you show them as the expiration. Just depends. 

[Canadaeh! 1]

Thanks guys, almost done with the docs, getting my taxes and affidavit together tomorrow. Regarding DL, mine expires 2028. 

 

For proof, I got the below :

 

- Birth certificate for our baby.

-Latest apartment Lease

-Car ownership docs

-Photos

-Utility Bill.

 

Working on the cover letter/explanation for delay in filing. 

 

[Orangesapples 1,954]

10 minutes ago, Canadaeh! said:

Thanks guys, almost done with the docs, getting my taxes and affidavit together tomorrow. Regarding DL, mine expires 2028. 

 

For proof, I got the below :

 

- Birth certificate for our baby.

-Latest apartment Lease

-Car ownership docs

-Photos

-Utility Bill.

 

Working on the cover letter/explanation for delay in filing. 

 

What about joint bank account statements and leases from prior years? They want evidence from the beginning of the marriage. If you can't get the other evidence fast enough, don't worry though, just send what you have. Mailing it ASAP is more important. 

[NancyNguyen 1,657]

Insurances, it is not the right time to blame anything. File it ASAP .

[ineedadisplayname 443]

4 hours ago, little immigrant said:

Does your DL not expire the same day as your GC? Mine did

I guess it depends on the state. Not sure if it has anything to do with the real id? Mine also won't expire on the date when my GC will.

[Diane and Chris 651]

Congratulations on the baby!  Good luck with the filing of ROC. Let us know what happens. 

[therealsunnydiego 52]

I would contact an immigration lawyer ASAP. Good luck!