I-90 and i-751 Mix Up

Old Oct 16th 2023, 5:00 pm
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Default I-90 and i-751 Mix Up

So I foolishly completed the form I-90 instead of form I-751 .... just now scrambling around to complete and send the completed I-751 with all the necessary documents and will be mailing it soon.

I had received back an I-797 notice form confirming receipt of the I-90 form and that this notice, presented with my expired Permanent Resident Card, is evidence of my status and work authorization. Of course my Permanent Resident card is conditional.

The PRC expired 09/21/23.

How much trouble am I in and does anyone have any advise on how best to word the covering letter explaining my error ?

Thanks,
Carl.

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Old Oct 17th 2023, 2:42 pm
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Default Re: I-90 and i-751 Mix Up

Originally Posted by MtbbikeVanlife
So I foolishly completed the form I-90 instead of form I-751 .... just now scrambling around to complete and send the completed I-751 with all the necessary documents and will be mailing it soon.

I had received back an I-797 notice form confirming receipt of the I-90 form and that this notice, presented with my expired Permanent Resident Card, is evidence of my status and work authorization. Of course my Permanent Resident card is conditional.

The PRC expired 09/21/23.

How much trouble am I in and does anyone have any advise on how best to word the covering letter explaining my error ?

Thanks,
Carl.
Inasmuch as my law license is in inactive status I am out of the advice business. That said, I feel comfortable in advising when it might be a good idea to retain legal counsel.

You might be just fine, but your fact situation invites further questions. Furthermore, with all due respect, you have already demonstrated that you can misunderstand the system.
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Old Oct 18th 2023, 3:47 pm
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Default Re: I-90 and i-751 Mix Up

Are you still with the 90 days before the expiration of your Conditional Residency? If so, as long as you have it in the mail (with some form of proof of mailing), then you are fine. When they finally get around to the I-90, they will note that you made a mistake and will happily keep your money and send you a notice that no action is being taken on the I-90.

If you are out of the time period for filing the I-751, then get yourself to an immigration attorney ASAP.
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Old Oct 19th 2023, 2:29 pm
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Default Re: I-90 and i-751 Mix Up

Originally Posted by Rete
Are you still with the 90 days before the expiration of your Conditional Residency? If so, as long as you have it in the mail (with some form of proof of mailing), then you are fine. When they finally get around to the I-90, they will note that you made a mistake and will happily keep your money and send you a notice that no action is being taken on the I-90.

If you are out of the time period for filing the I-751, then get yourself to an immigration attorney ASAP.
I don’t really disagree with your post. But OP does state that the condition expired in September. As stated, OP’s question leaves open whether or not the 90 day filing window even applies in the first place.

I think that it is quite likely that OP’s situation is no biggie and easily resolved. But then again not; I can’t tell.

OP admits to a whoopsie (e.g. “foolish”). It is not uncommon that a big whoopsie in even a uncomplicated case militates for seeking advice.

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Old Oct 19th 2023, 2:41 pm
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Default Re: I-90 and i-751 Mix Up

Thanks for the responses.

I submitted the form along with the required additional information and a covering letter acknowledging the late filing (with the honest reason). Informal advice from an immigration lawyer is to now wait and see - formal advice to be sought soon.

Carl.
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Old Oct 19th 2023, 9:31 pm
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Default Re: I-90 and i-751 Mix Up

Originally Posted by MtbbikeVanlife
Thanks for the responses.

I submitted the form along with the required additional information and a covering letter acknowledging the late filing (with the honest reason). Informal advice from an immigration lawyer is to now wait and see - formal advice to be sought soon.

Carl.
I am intrigued by your use of “informal.” I think I know what you mean, but from the lawyer’s point of view, an attorney client relationship has come into existence. That includes malpractice liability. There is case law where an erroneous statement was made in a social setting, the statement was relied upon causing legal damage. Us legal types are taught to be careful.

Good luck.
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Old Oct 20th 2023, 3:11 pm
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Default Re: I-90 and i-751 Mix Up

Originally Posted by S Folinsky
I am intrigued by your use of “informal.” I think I know what you mean, but from the lawyer’s point of view, an attorney client relationship has come into existence. That includes malpractice liability. There is case law where an erroneous statement was made in a social setting, the statement was relied upon causing legal damage. Us legal types are taught to be careful.

Good luck.
Red flags all over the shop
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