What happens if I file Form I-751 late?

What happens if I file Form I-751 late?

What happens if I file Form I-751 late?

Foreigners who have a Green Card based on marriage are considered conditional residents and they will need to petition to remove the conditions of their residence by filing Form I-751 within a 90-day period before the Green Card expires.

However, many people forget to file the petition on time but will be able to do so late if they haven’t been ordered deported.

Why you should file late I-751 petitions

US immigration laws and regulations allow late I-751 filing if the petitioner can prove there is good cause and then be able to become a permanent resident.

For instance, if you have an ongoing marriage and simply forgot or overlooked the Green Card’s expiration date, it will not be accepted as a good cause for late filing and you will not be able to use the Green Card for travel or employment and could be placed for deportation.

However, if you file a late I-751 you can up your chances that USCIS (US Citizenship and Immigration Services) will decide, rather than an immigration judge.

In addition, conditional residents who were placed in removal proceedings were sometimes granted a continuance or postponement of the hearing, which would give them time to file a new I-751 and wait for an answer.

You can also provide good cause for filing a late I-751 petition. Some of them are: hospitalization or long-term illness; obligations related to the death of a family member; the grief of a family member; legal and/or financial problems; being responsible for the care of someone; serious family emergency; work commitment; or having a family member on active duty with the US military.

If you consider you have a good cause for filing late, whether it is one of the options listed above or a different one, then you will need to provide evidence to support it. An immigration attorney may help you with his petition.

How to file for a late I-751

Talk with your immigration lawyer in California to determine which circumstances in your life took part in you forgetting to file the form in time. This will help your case be framed in terms of good cause.

The longer you wait to file late, the more difficult it will be to prove good cause, however. You will need to submit a written explanation as well as evidence to support your claim.

You should also know that those who are not filing jointly as a married couple, but by themselves are allowed to file their petition at any time, as long as they have not been ordered deported. They are also not asked to give any explanation for their tardiness.

Finally, if you need to travel abroad, you may be allowed to exit the country and return with your I-797 receipt and a copy of your expired conditional resident card even if you file I-751 late. But, it is prudent to wait until you receive a decision about your status before traveling.

If you don’t know where to start on your petition, an immigration attorney in California will guide you through the process. If you don’t have one yet, contact us at Kannan Law today!