My 2 Year Green Card Has Expired Can I Still File For Removal of Conditions And Will I Be Denied?

It is important that you keep track of the date you need to file form I-751 Petition to Remove the Conditions of Residence.

If you haven’t changed your address since your Adjustment of Status (AOS), the USCIS has sent you a reminder letter 90 days before your 2 year green card expires.

Although filing late will cause some delays in processing your application, there is a good chance that it will still be approved. The important thing is that you file as soon as you can after your 2 year green card has expired.

What Will Happen If I Apply For ROC After My 2 Year Green Card Expires?

Adjudicators must follow USCIS policy.
Adjudicators must follow USCIS policy.

The adjudicators must follow the policy that is outlined by the USCIS for all I-751 that are filed untimely.

The steps that are taken by the USCIS:

  • Issue an RFE for a reasonable explanation for the late filing
  • Review and evaluate the response to the RFE to determine if the CPR established good cause for the late filing
  • Relocate the Form I-751 petition to a field office for interview, if the CPR had not established good cause for the late filing.

What Is Considered A Good Reason For Filing ROC Late?

If you have included an explanation for the untimely filing of form I-751 petition, the adjudicator will evaluate the explanation for the untimely filing in relation to the length of time the application was untimely filed.

You should submit any evidence that backs your explanation for the late filing.

Additional evidence is not necessary if the explanation is acceptable on its face. The law provides for broad discretion as to what constitutes good cause.

Some examples of what constitutes good cause may include:

  • hospitalization
  • long term illness
  • death of a family member
  • legal or financial problems
  • having to care for someone
  • bereavement
  • serious family emergency
  • work commitment
  • family member on active duty with the U.S. military

What If I Do Not Have A Good Cause For Untimely Filing Of Form I-751?

Without good cause, you application can be denied.
Without good cause, you application can be denied.

If the adjudicator determines that the response establishes good cause for the late filed petition, the adjudicator may proceed with adjudication of the I-751.

If the adjudicator determines that the explanation and evidence, if any, do not establish good cause for the late filing the adjudicator will deny the petition for failure to comply with the filing requirements in INA section 216(c)(1)(A).

If, based on the record,the adjudicator is unable to make a determination on whether the failure to timely file was due to good cause, he or she may request additional information from you.

 

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Ayan is a Somali born Canadian who has successfully immigrated to the United States and is passionate about helping fellow immigrants move to the U.S. to pursue their dreams. Whether you're applying for a visa, green card or naturalization; get real answers to your immigration questions.Contact Me With Questions 10 Fun Facts About Me 🙂

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