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Late Filing Issues: Form I-751
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Form I-751Late Filing
In a previous post we discussed conditional permanent residence and the need for timely filing an I-751 petition to remove the conditions within 90 days prior to the two year anniversary of being granted conditional status.
We also mentioned that jointly filed petitions may be filed late where you can demonstrate good cause and extenuating circumstances.
This post sparked a lot of followup questions about exactly what qualifies for “good cause” and “extenuating circumstances” and how late is too late, etc.
Well, unfortunately there is no clear answer here. What we can say is that it is possible to file form I-751 years past the deadline and still have USCIS accept and approve the petition so long as you have not already received an Notice to Appear (NTA) in immigration court proceedings. (and, it may still be possible to file with USCIS during proceedings).
Because the decision to accept your late filing is discretionary you really need to take the time to clearly explain the circumstances that have led to the delayed filing. And, while it is impossible to predict, we have heard of cases where Form I-751 late filing (i.e., jointly filed) petitions have been accepted and approved over a decade after the filing deadline.
Immigration Guys
Form I-751 Late Filing Issues
Written by Peter J. Loughlin, Esq. & Thomas W. Goldman, Esq.
Thomas W. Goldman, Esq., J.D., LL.M., and Peter J. Loughlin, Esq., J.D., LL.M., are US immigration lawyers and the founders of Goldman and Loughlin, PLLC Law Firm, a national immigration law firm with offices in Orlando, Florida and Naples, Florida and Bradenton Florida.
Filed under: Green Cards · Tags: conditional permanent residency, What if I file form I751 late
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[...] the condition may lead to your removal (deportation) from the United States. USCIS may accept a late I-751 petition may but you will need to demonstrate good cause and extenuating circumstances for filing late. The [...]