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Conditional Green Card expired

Dayton, OH |

I received an Conditional Green Card through marriage, which obviously has a 2 year expiration date. I filled for the removal of conditional status with the fee-waiver and was denied for the fee-waiver. My wife and I have had finacial difficulty for quite some years, and haven't been able to afford the fee. The question now is I received the card in 2008 and it expired in 2010, and now it is 2012. I haven't received anything from the USCIS during this whole time, and should I still file for the removal of status?

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Attorney answers 4

Best Answer
Posted

There is a chance you've been ordered removed in your absence. When the conditions on permanent residence are not removed, DHS terminates the status of the alien and initiates removal proceedings. It is possible that DHS issued a Notice to Appear and you did not receive it and then the immigration judge ordered you removed in your absence. Hire a lawyer to confirm.

As to the late filing an I-751, there is a method to do such. You will need to show good cause and exceptional circumstances for failure to file timely. Again, hire a lawyer to prepare this filing for you.

Asker

Posted

I'm not sure what you mean by absence? I have been living in the same place since getting my GC, and I have not received any mail from the USCIS the entire time living there.

Philip Alan Eichorn

Philip Alan Eichorn

Posted

If you are unsure of whether or not you've ever been in removal proceedings (which must be addressed first before you file your I-751), call 800-898-7180.

Asker

Posted

I called the number and nothing was filed.

Philip Alan Eichorn

Philip Alan Eichorn

Posted

So file your case. Or hire a lawyer to file your case.

Posted

You must
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Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

Asker

Posted

The link doesn't work.

Posted

You might be able to file it late. You need to contact an immigration lawyer to help you immediately.

Answers given on this site are general advice only and do not establish an attorney-client relationship.

Posted

I agree with my colleagues.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.