Elenfair

Theoretical (that is not "theoretical", if you catch my meaning) Question:

Resident alien forgets to file I-751 for self and child. Conditional GC expired in November. Adjusted from K1/K2 without any problems, originally.

Can they file the I-751 late, or do they have to go through AOS again? If my understanding is correct, right now, they are both out of status, and the alien is no longer allowed to work (and deportable). Is that correct?

What's the best course of action from there?

(No this isn't me, I'm a LPR with a 10 year GC...)

Mostly just curious.

ian-mstm

I'm pretty sure they can file late, although USCIS is not obligated to accept their reason for filing late. Since they have already adjusted status, I don't think they need to AOS again!


I believe this is correct. And, if I'm not mistaken, they will continue to be out of status, unemployable and removable, until such time as they get a letter from USCIS extending their GC status. I'm sure someone will correct me if I'm off base here.

Ian

Elenfair

I'm glad I'm not "smokin' somethin'", Ian. My main concern was whether or not, eventually, USCIS is going to send them a letter saying "hey, you dropped your adjustment, time to get your butt outta here - Meet Judge Dredd on Tuesday, May 34 (!), 2007..." or if they have some time to get their act together and send stuff in.

Elenfair

Anyone? Bueller? Bueller?

The only information I have found so far confirms the following things: If you fail to file the I-751 -

a) your status is terminated, you are now illegally in the US
b) you may be placed in removal proceedings

This can be remedied if

a) you have a good reason for not having been able to file - something out of your control, something not your fault;
b) if (a) is met AND you file in a timely manner.

What I can't find out is what you should do if you're:

1) months late to file; and
2) don't have a "good reason" in the eyes of the USCIS

... do you just wait for removal proceedings, and then "fix things"?

I'm fascinated by this stuff. It borders on morbid, I know... Don't pick on me, it's Hell Week, we open our show soon and I qualify as "Headless Chicken" right now...

Elly

ramNagab

Elenfair

consult with a lawyer . do not risk it . you can consult with an immigration lawyer for $50 and you can save a lot of time and effort

Elenfair

Hi ramNagab - fair enough. I will recommend that course of action to the person this concerns. Hopefully they will figure out what to do.

Thanks!

Elly
(LPR, all done for 10 years... or naturalization, yay?)