BoK

Hi,

I've just realized that my wife's conditional greencard expired on July
13th, 2006. We had a baby on June 1st and in all the excitement we
simply forgot that we needed to apply to remove the conditions.

I know what the USCIS says about this - 'automatic loss of status,
hearing, deportation etc etc' - but I'm trying to find some actual
experiences of people who have been in this situation.

We have everything we need to prove our marriage was in 'good faith'
(as they say) and I plan to file the application tomorrow (almost 4
weeks late), including a simple, truthful and apologetic letter
explaining that we forgot because we just had a baby.

So in this case does anybody have real experience/know if the USCIS's
bite is as bad as it's bark?

Cheers,
Concerned in California.

no-spam

Not sure myself, but it sounds like you are on the right track,
to get it in the mail right away with a
VERY GOOD letter explaining why it is late.

Send it next day / certified / return receipt requested. For everyone, the burden of proof is on you to prove when you sent it.



I found this on the web:

[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR216.4]


[[Page 434]]

(6) Termination of status for failure to file petition. Failure to
properly file Form I-751 within the 90-day period immediately preceding
the second anniversary of the date on which the alien obtained lawful
permanent residence on a conditional basis shall result in the automatic
termination of the alien's permanent residence status and the initiation
of proceedings to remove the alien from the United States. In such
proceedings the burden shall be on the alien to establish that he or she
complied with the requirement to file the joint petition within the
designated period. Form I-751 may be filed after the expiration of the
90-day period only if the alien establishes to the satisfaction of the
director, in writing, that there was good cause for the failure to file
Form I-751 within the required time period. If the joint petition is
filed prior to the jurisdiction vesting with the immigration judge in
removal proceedings and the director excuses the late filing and
approves the petition, he or she shall restore the alien's permanent
residence status, remove the conditional basis of such status and cancel
any outstanding notice to appear in accordance with Sec. 239.2 of this
chapter. If the joint petition is not filed until after jurisdiction
vests with the immigration judge, the immigration judge may terminate
the matter upon joint motion by the alien and the Service.

no-spam

Another page on the subject recommends: "consult with a qualified immigration attorney to devise the best possible strategy under the circumstances"

http://www.murthy.com/news/n_remcon.html

Rete

I believe it is on the USCIS website and/or in the instructions that late filings will be forgiven if there is an acceptable reason for the late filing. Using the pregnancy, i.e. 90 day window was during her last trimester, birth on July 13th, etc. might just do the trick. File as soon as possible with an explanation. KEEP A COPY OF EVERYTHING FOR YOUR RECORDS and send by express mail.

Rete

PS Send a copy of the birth certificate and/or hospital record of birth as proof.

ian-mstm

While I agree that this is probably the best course of action now, the 90-day window opened in mid-April a full 6 weeks prior to the birth... and that's just the actual window to file. The information could have been gathered well before then and everything ready to file on time. I understand that getting ready for a new baby is exciting - and all those baby showers can get a girl downright giddy - but there really is no excuse, IMHO, for letting immigration get away from you. At any rate, the OP's wife has nothing to lose at this point in time, since she's already out of status.

Ian

Rete

Whilst I agree with you 100% because in regards to immigration issues you and I are both a bit anal in remembering those deadlines and details.

Unfortunately, and hopefully, USCIS will know this as well, most people, once finished with a petition, will forget about the next step until the very last minute or until the deadline passes. This is especially so if there is something going on in their lives that supercedes immigration issues.

I doubt very much that the USCIS will reject their petition as they do have an excuse and the new baby is a USC. At worse, Mommy will have to repetition for a new green card.

BoK

Thanks for your feedback/insights - especially Ian's, which was
particularly helpful.

For those of you out there who are actually in this position, here is
the only other post I could find from somebody with a real experience
to share:

http://groups.google.com/group/alt.v...07677c6d9223cf

Cheers,

ian-mstm wrote:
    > > I believe it is on the USCIS website and/or in the instructions that
    > > late filings will be forgiven if there is an acceptable reason for the
    > > late filing. Using the pregnancy, i.e. 90 day window was during her
    > > last trimester, birth on July 13th, etc. might just do the trick.
    > > File as soon as possible with an explanation. KEEP A COPY OF
    > > EVERYTHING FOR YOUR RECORDS and send by express mail.
    > While I agree that this is probably the best course of action now, the
    > 90-day window opened in mid-April a full 6 weeks prior to the birth...
    > and that's just the actual window to file. The information could have
    > been gathered well before then and everything ready to file on time. I
    > understand that getting ready for a new baby is exciting - and all those
    > baby showers can get a girl downright giddy - but there really is no
    > excuse, IMHO, for letting immigration get away from you. At any rate,
    > the OP's wife has nothing to lose at this point in time, since she's
    > already out of status.
    >
    > Ian
    >
    > --
    > Posted via http://britishexpats.com

ian-mstm

Agreed!

Ian

Mh

In article <[email protected]> ,
Rete <[email protected]> wrote:
    >> While I agree that this is probably the best course of action now, the
    >> 90-day window opened in mid-April a full 6 weeks prior to the birth...
    >> and that's just the actual window to file. The information could have
    >> been gathered well before then and everything ready to file on time. I
    >> understand that getting ready for a new baby is exciting - and all
    >> those baby showers can get a girl downright giddy - but there really
    >> is no excuse, IMHO, for letting immigration get away from you. At any
    >> rate, the OP's wife has nothing to lose at this point in time, since
    >> she's already out of status.
    >> Ian
    >Whilst I agree with you 100% because in regards to immigration
    >issues you and I are both a bit anal in remembering those deadlines
    >and details.
    >Unfortunately, and hopefully, USCIS will know this as well, most
    >people, once finished with a petition, will forget about the next step
    >until the very last minute or until the deadline passes. This is
    >especially so if there is something going on in their lives that
    >supercedes immigration issues.

Which is why I set up a Yahoo Calendar item to remind me of the 90-day
window, which will send me an email in Jan '07. Don't want to forget about
that. Even with our little girl due to arrive on Dec 24!

MH