I-751 divorce waiver. I'm out of legal status. Spouse filed divorce 19 days before I had to file I-751 divorce waiver. 93 days since the divorce filed. Did I miss my opportunity?
An I-751 may be filed late with an explanation of late filing.
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No but you must file as soon as you can with explanation for late filing. Best to work with an attorney for guidance. Good luck.
A good explanation, with a plausible reason for the late filing of the I-751 will reinstate you and have USCIS agree to process your I-751.
When faced with such situations, my office often attaches a report from a clinical psychologist to accompany the late-filed I-751.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You must demonstrate "good cause" for the late filing. You need to consult with an immigration lawyer
Retain an articulate, professional attorney to prepare a reasonable argument along with the submission.
DISCLAIMER The opinion given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide a case specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice the site should not be used as a crude substitute for any professionally competent legal advice by a licensed attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, laws and applications change frequently and vary greatly in U.S. jurisdictions and locales, therefore, any information and opinions expressed above remain general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in the State to obtain comprehensive legal assistance before making an informed decision regarding a particular legal issue within an attorney-client privilege setting. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
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