If you have obtained a conditional green card through marriage you need to be aware that to remove the conditions on your residency you will be required to submit Form I-751, Petition to Remove Conditions on Residence within 90 days preceding the anniversary of your Conditional Permanent Residency (CPR).
Unfortunately, not everybody is aware of this, or certain circumstances may prevail resulting in this being overlooked. Some individuals mistakenly file Form I-90, Application to Replace Permanent Resident Card (green Card).
Failure to file the I-751 before the expiration of your CPR results in the termination of your status and the accrual of unlawful presence. This makes you deportable and you may receive a Notice to Appear (NTA).
However, all is not lost. The law excuses late filings if you can show good cause. This requires a written explanation clarifying why you did not file the I-751 on time. Good cause includes the following: hospitalization, long term illness, death of a family member, legal or financial problems, having to care for someone, bereavement, serious family emergency, and work commitment or a family member on active duty with the U.S. military.
Therefore, you may have a reasonable excuse as to why you did not file on time. United States Citizenship and Immigration Services (USCIS) has a broad discretion to determine good cause and the purpose of the I-751 is to detect marriage fraud.
If you missed the I-751 deadline, you should still submit the form as soon as possible, along with a thorough explanation for the delay. Be prepared for USCIS to request additional information or documentation. If you simply forgot to file, don’t expect much leniency. If you are not able to establish good cause, then USCIS may deny your application.
In such cases if you are married to a U.S. Citizen then the other option is to have your spouse re-file the I-130, Petition for Alien Relative and concurrently file the
I-485, Application to Register Permanent Residence or Adjust Status. It’s possible than re-filing may end up being faster than submitting the I-751.
If you have questions regarding any of the above, please contact PLG Partner, Chris Prescott at cprescott@patellegal.com.