Missed Deadline for Removing Conditions on Green Card

This entry explains what happens if you have a missed deadline for removing conditions on Green Card. If you obtained your green card through marriage and your green card is only good for two years, your green card is conditioned on your ability to prove to the U.S. government that you did not enter into your marriage in order to evade the immigration laws of the United States. This is done by filing Form I-751, Petition to Remove Conditions on Residence within the ninety days of your conditional green card expiring. We have posted a blog on Form I-751 in the past. Feel free to refer to it here. The purpose of this entry is to discuss what happens if you miss the filing deadline.

What Happens if You Miss the Filing Deadline?

If you fail to timely file your petition to remove conditions, you will no longer be able to use your conditional green card for employment or travel. In fact, there is a chance that after the missed deadline you could be placed in removal proceedings because you no longer have a valid status in the U.S.

How Can Someone Still File I-751 Past the Deadline?

The USCIS will allow a late I-751 filing if the applicant is able to demonstrate good cause for why their late filing should still be processed. The applicant will need to provide a written explanation for why they missed the filing deadline. Examples which demonstrate good cause could be:

  • Applicant was hospitalized or has a serious long-term illness;
  • Family emergency;
  • Legitimate work commitment;
  • Applicant is in active duty with the U.S. Military;
  • Recent childbirth;
  • Other reasons.

Seeking Assistance for a Missed Deadline

Removing the conditions on your permanent residence can sometimes be a complicated process. Depending on your situation, additional documentation and proof may be required. It is important to consult with an immigration lawyer for help with understanding the requirements, completing the required application, and to address any questions you might have about the process. Consider setting up a consult with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.

This Blog/Web Site is made available by Gilles Law, PLLC , a Charlotte-based law firm, for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.