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What If I Miss The I-751 Deadline to Remove Conditions On My Greencard?

18 Feb

I’ve had my marriage-based greencard for almost 2 years…now what?

Recently, I had a client come in whose greencard had expired because he had missed the deadline to file an I-751 Petition to Remove the Conditions of Residence. If you recently married a U.S. Citizen and have received a greencard, an I-751 form must be filed within the 90 days preceding the expiration date on your greencard. While greencards allow a foreign national to live and work in the U.S. permanently, a greencard based on a marriage, that was originally less than two years old, will expire after two years. The foreign national must once again prove to the USCIS that his or her marriage was bona fide and not fraudulent; this is done by filing an I-751 and supporting evidence of your marriage.

If you do not file an I-751 in time, your greencard status will be terminated and you may be put into deportation proceedings, a process which begins with a Notice to Appear at a hearing. In my client’s case, he had not yet received any Notice to Appear, thus we went ahead and filed the I-751 late with a letter explaining the extenuating circumstances as to why it was late. This situation is less than ideal. We have not yet heard whether or not USCIS will accept his late I-751.

It is very important that those with marriage based greencards mark your calendar and do not miss your obligation within the 90 day period prior to the 2nd anniversary of receiving your card (not your wedding date). If you find that you have already missed the deadline, you should contact a licensed immigration attorney. 

Note: If you have divorced or separated prior to the deadline, you must still file an I-751, and seek a waiver to remove conditions without the support of your spouse. You should contact a licensed immigration attorney to aid you in providing sufficient evidence to receive the waiver.

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2 Comments

Posted by on February 18, 2010 in Immigration Law

 

Tags: , , ,

2 responses to “What If I Miss The I-751 Deadline to Remove Conditions On My Greencard?

  1. Thadeu Vieira

    March 9, 2010 at 8:51 pm

    I was wondering what would be the next step if they don’t accept the excuse letter. Should the family pack it up and leave this country or would they have to file another form and what form that would be?

     
  2. olivielaw

    March 10, 2010 at 12:25 am

    If USCIS does not accept your excuse and late filing, then they will likely send a Notice to Appear to court which will be the begining of deportation proceedings. However, you may argue infront of the judge that USCIS wrongly denied your application. The U.S. Citizen spouse might also be able to file a new I-130 Immigrant Petition. If you’re late I-751 was denied you should contact an Immigration Attorney ASAP.

    No Attorney-Client Relationship has been created with this response. The response is general in nature and does not consitute legal advice.

     

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