Will my husband's petition for 10 year residency be denied if we missed the due date to submit paperwork?

Asked 10 months ago - Tucson, AZ

By September 13, 2013, the Department of Homeland Security had to have all the documents they requested to process my husband's petition for change of status. He was petitioning to be approved for 10 year residency. Will his petition be denied if we send the paperwork now or is it possible to get an extension granted?

Attorney answers (4)

  1. Alicia Marie Heflin

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Yes it is possible but there isn't a separate extension request to be filed; you just need to file the I-751 as soon as possible. USCIS can terminate your husband's conditional status and place him in removal proceedings but, in order to have any chance of preserving his status, he will still have to file the I-751 with USCIS despite having to defend himself before the immigration judge. The I-751 can still be approved if you submit the necessary documentation regardless of it being late-filed.

    Best of luck to you!

    Answers on Avvo are general in nature and do not constitute legal advice; specific answers require knowledge of... more
  2. Lynn Marie O'Brien

    Contributor Level 13

    3

    Lawyers agree

    Answered . What type of petition are you filing? What is the excuse that you haven't filed? I would hire an immigration attorney to draft something explaining the reason for the untimely filing. USCIS does not have to accept it. Are you talking about a form I-751 petition to remove conditions or I-829 petition to remove conditions for an investor?

    This response is provided for informational purposes. No attorney-client relationship exists unless we have a... more
  3. Alena Shautsova

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Possible. Unless you presented a good reason for missing the deadline.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  4. Mani Khavajian

    Contributor Level 16

    2

    Lawyers agree

    Answered . File it asap, you may want to discuss this with an immigration attorney.

    This is general information and not legal advise. This communication does not create a lawyer-client relationship.

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