Late I-751
 

Hello! I left the USA to come back to the UK for a week on holiday. When checking in for my flight home, I realised my conditional 2 year Green Card had expired (I know, I can't believe I let that happen). I spoke with USCIS who advised I needed to have my I-751 in the system to allow my a transportation letter. I immediately filed that to the Vermont Service Center but it is still not showing in the system, even though it has been 2 weeks. I now cannot travel back to the USA and I am getting more and more worried.

Has anyone had a similar experience or knows how long these forms usually take to get into the system. In the past I think I have received the NOA in about a week!

Thanks so much.

Re: Late I-751
 

If you didn't file the I-751 within the 90 days prior to your 2-year card expiring, then you ceased to be a US permanent resident the day your card expired. However, you are allowed to file the I-751 late if you can demonstrate that the reason you didn't file was beyond your control. I'm not sure that "I forgot" is a valid reason.


To be honest, I'm not sure I've ever heard of this happening... but that doesn't mean it can't or won't happen.


I think what you mean to say is that you can't use your green card as a travel document - which is true. However, if ESTA is valid, you can travel. It'll be much easier to convince the CBP officer in the US that you filed the I-751 than it will be to wait for a transportation letter.

Ian

Re: Late I-751
 

From the website of New Jersey Immigration Law Attorneys | Edison NJ Immigration Lawyers | Middlesex County Visa Deportation Defense Law Firm

Failure to File Leads to Automatic Termination

If a conditional resident fails to file an I-751 application before the expiration of his/her green card, USCIS will automatically terminate the person's immigration status. The regulation can be found in Immigration and Nationality Act (INA) Section 216 (c) (2) which states:

In the case of an alien with permanent resident status on a conditional basis under subsection (a), if-

i. no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or

ii. unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B),

the Secretary of Homeland Security shall terminate the permanent resident status of an alien as of the second anniversary of the alien's lawful admission for permanent residence.

Unfortunately, once USCIS terminates a person's status, removal proceedings will ordinarily be instituted.

Can an I-751 be filed even after the date of expiration?

It is nevertheless possible to file an I-751 out of time, whether it is a joint petition or a waiver request based on one or more of the qualifying grounds (ie., good faith marriage terminated by divorce; abuse; hardship). However, USCIS does not have to accept the application. The standard is whether there is good cause for the application being filed out of time and whether there is sufficient documentation or supporting evidence. USCIS puts it this way in their instructions: "If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the petition that the delay was due to extraordinary circumstances beyond your control and the length of delay was reasonable." Typical examples of why an application may be filed late including a severe or debilitating illness, a death in the family, etc. This is a very fact and circumstance specific type of situation. There are many variables and factors that the examiner will look at, including not only the reason but also whether the delay in filing was reasonable in light of the situation. For example, if you were going through financial difficulty at or near the expiration of your green card, your case will probably have a better chance of being accepted two months as opposed to ten months after it has already expired.

Re: Late I-751
 

Thank you! Yikes - at this stage I just need to get back into the US and hope to fight my case from there. Appreciate the feedback - we moved house and did not receive the reminder letter, I can't believe I let it expire!!

Re: Late I-751
 

Sorry, they do NOT send out reminder letters. The onus is on you to keep up-to-date on your immigration status.

Did you file the I-751 from the UK? Where was the NOA to be delivered? Did you do the change of address form (believe it is AR-11?) and called USCIS to have them change the address on their system?

Good luck and hope you can get through on the ESTA alone.

At best if you can get back to the US and your removal of conditions is denied, you can start all over again with an application for new adjustment of status. When you get back to the US, please consult with a good immigration attorney to see what your options are.

Re: Late I-751
 

I recommend a consult with a competent immigration attorney before attempting entry on esta/vwp and then trying to adjust status.

Re: Late I-751
 

In 2015, I received this letter from the Department of Homeland Security outlining the requirement upon me as a Conditional Permanent Resident (CPR) to file Form I-751 Petition to Remove Conditions on Residence within the 90 days prior to the second anniversary of the day I was granted CPR status, which was my date of entry to the United States, 03 July 2013.

As you can see for yourself, the letter from DHS provides some high level information on where to find Form I-751, what to include by way of supporting documentation, and the implications of failing to file.

Obviously, this is just my experience and not necessarily the one shared with others.

Rich.

Re: Late I-751
 

How very nice for you.

Re: Late I-751
 

I think a consult is a good idea - but what makes you think he's going to try (or need) to adjust status?

If he has ever had a claim to PR status (which he does), he has the right to a hearing in front of an Immigration Judge who will make a determination of whether or not he has lost his PR status. Considering that he did file an I-751 albeit late, then most likely he will be paroled in pending a hearing.

Ian

Re: Late I-751
 

Someone else made the suggestion up thread, it just made alarms go off.

Probably yes, though the OP better think of a better "good cause" than we forgot.

Re: Late I-751
 

The transportation letter the OP is referring to is the 1-year Esteban letter that comes in the mail several weeks after filing the I-751. There will also be a biometrics appointment letter in the mail.

In order to return to the USA as a PR, he will need his passport, expired green card, and the extension letter.

Rene

Re: Late I-751
 

Thanks :thumb:

Re: Late I-751
 

Because of the balls up USCIS made with my AOS and repeated RFE's even after my green card had been issued. I missed the window for AOS.

They sent me the letter telling me my status had been revoked and I sent them a letter explaining that my 2 year window was not clear, which is why I had missed it. I sent them copies of the RFE's received after my Green Card. I gave them a copy the log I had kept of my phonecalls to get it cleared up and a copy of the e-mail I received which finally told me the additional file had been closed and I was a LPR.
My removal of conditions went through smoothly after that.

I however was in the US and I had a reason for my tardiness in filing.

Re: Late I-751
 

This doesn't sound correct, surely you can't travel on a passport number with an ESTA that has an expired GC associated with it.

Re: Late I-751
 

The expired green card isn't associated with a passport.

Rene