We have had very trying times recently and filed my husbands I-751 only two days before the expiration of his GC. In my inquiries about late filing on the INS webpage, I have since discovered we had an old version of the form and filed with the wrong amount of money too!! What is going to happen and is my husband now considered an illegal alien since his GC is technically expired?? I am so scared!

Hi Carrie,

how long ago did you mail the papers? Do you have a proof that USCIS received the petition? On what date?

Probably the petition you filed will be mailed back to you with the instructions to attach required fee and re-submit it.

It will bear the original CIS stamp with the date of when it was first received by CIS.

Also, it always helps if you mail "Certified" and keep the receipt - especially when you file close to the deadline.

Good Luck,

IE

We did send the application overnight with signature required. It does show rec'd on the usps website and who signed for it. His card expired on 6/29 and they signed for it on 6/28. Are there possibly any reprecussions from filing this late. Also, I did include a signed letter outlining all the troubles we've had that caused the oversight. maybe that will help???

Just because your card expires, it does not mean your permanent residency expires. You residency is not based on a card or date. (Check the USCIS website)It is not unusual for people to have unrenewed cards. Do not leave the country or panic.

I would print off the received notice and make an infopass appointment to request a temporary extension card until your new card is received. They can do that. They will have all your information on the computer. I know people who have had this done.

Failing to renew unconditional LPR card is NOT the same as not timely filing I-751 to remove conditions from the same.

The good thing is that CIS has received the package before the expiration of conditional GC (I ASSUME that the same filing deadline rules apply in case of conditional LPRs as in any other filing where current status is temporary).

Failure to timely file an application to remove conditions can ultimately lead to removal proceedings.

Carrie,

in your place, I would wait a week or so to see what happens. I think too that USCIS will return your petition and you'll be able to resubmit it.

I must have missed where she said her husband is a conditional LPR. I thought he had a permanent GC.