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Filed a Late I-751 Petition but I Need to Travel - Help!

Writer's picture: Poonam MinhasPoonam Minhas

As a foreign national who married their US citizen spouse for less than 2 years will usually get you a conditional green card in the United States. To become a permanent resident, you will have to remove the conditions before the conditional green card expires. You cannot renew a conditional green card! So, don't even think about filing Form I-90, it won't do anything.


Failure to file a removal of conditions application (Form I-751) ninety days before the expiration date may eventually land you in removal proceedings. However, I have seen clients panic not realizing they need to file the petition or they forgot and end up filing their petition late. Some even don't check their green cards to see whether they are a permanent resident or conditional. It may still be possible to file your petition late, and you can explain to USCIS the reason for your delay. If this happens, USCIS will still issue you a receipt notice allowing you a 24-month extension on the expiration date on your conditional green card which gives you permission to work and travel.

What happens if you're really late? And I mean like 2 years late and you got lucky because your denial came in from USCIS and it took almost 2 years for your case to be adjudicated. Or you forgot to file and USCIS never sent you a Notice to Appear (NTA), which would then require you to face removal proceedings. You may still file a late I-751 petition but this time the receipt notice will be an indication that your case is filed with USCIS but you may not be able to work and travel. Why? Mainly because it only extends your status from the date of the expiration on your conditional green card.


The best thing to do now is set up an info pass appointment with USCIS and get an I-551 stamp on your valid and unexpired passport, which further extends your status past the 24-month extension on your current receipt notice. If you don't know how, you should contact an experienced immigration attorney to assist you.


(This blog was written by Attorney Poonam Minhas. It is for informational purposes only and does not constitute legal advice or form an attorney-client relationship.)

 
 
 

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© 2022 by Law Offices of P. Minhas, P.C.

Poonam Minhas is admitted to practice law in the State of Connecticut.

Law Offices of P. Minhas, P.C. handles immigration cases all over the United States.
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