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Thread: Conditional residence expired r/o

  1. #1
    I just noticed yesterday that my permanent residence had expired last year, I had no idea that I was supposed to file on my 2 year anniversary. I have now found out that I have to file a I751 petition, what are my chances on this being accepted. I have been married to a US citizen for 4 1/2 years and I have one child who was born here. I have a full time job and I am worried I am gonna lose all this over this mistake. Please advise me on what may happen, thanks

  2. #2
    I just noticed yesterday that my permanent residence had expired last year, I had no idea that I was supposed to file on my 2 year anniversary. I have now found out that I have to file a I751 petition, what are my chances on this being accepted. I have been married to a US citizen for 4 1/2 years and I have one child who was born here. I have a full time job and I am worried I am gonna lose all this over this mistake. Please advise me on what may happen, thanks

  3. #3
    Guest
    Hi amartin,

    Consult an immigration lawyer asap.

    The following does not look good for you: (from www.uscis.gov )
    What if I am Late in Applying to Remove the Conditions on Residence?
    If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

    but:

    The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

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