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?
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!
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?
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