Removal of Conditional Residency

Oct 5, 2023 by Rachel Chappell Chauvin

Removal of Conditional Residency
Are you a conidtional permanent resident and wondering what happens if you file your I-751 application late?  You are not alone. Late flling is a cause for concern as it could affect your legal status. USCIS generally requires I-751 applicants to file their petitions 90 days before their conditional green card expires. Failing to do so may result in complications and could jeopardize the chances of having your petition approved. In this blog post, we'll explore what happens if you file your I-751 application late. 
1. Denial of your I-751 Application 
While some late applications may be accepted at the discretion of USCIS, chances of approval are low once you file beyond the due date, USCIS may decide to deny your application outright, which could have far- reaching consequences. It's therefore essential to ensure that you file your application on time. 

2. Expired Green Card
Condidtional green cardholders are given a two-year period during which they have to file their I-751 application. Failing to submit your appliction before the expiration date means your green card will expire. Once your green card expires, you become ineligible for several benefits and may be at risk of deportation. 

3. Issues with Employment Authorization 
If   your  I-751 application is not approved before your conditional green card or employment authorization expires, your work authorization will also expire. This may affect your ability to work and could cause to you lose your job. Late-Filed applications may cauase a prolonged waiting period before you receive a decision  on your petition, furhter complicating matters. 
4. Potential Accural of Unlawful Presence
If USCIS denies your I-751 application, youll lose your lawful status and you may start accruing unlawful presense. Depending on the amount of unlawful presence you accrue, you may be barred from entering the US for a specified period. Therefore, it's crucial to file your petition before your green card expires to avoid potential complications. 
5. Foreign Travel Restrictions 
If you file your I-751 application after your green card's expiration, you may not be allowed to travel outside the country until your petition is approved. This restriction could have a signigicant impact on your work, family, and personal life since it may restrict your ability to travel for essential reasons. 
Filing your I-751 application late can have severe consequences that cold affect your immigration status. To avoid these risks, you should contact an experienced immigration attorney BEFORE the expiration of your conditional green card. Call us today for a free consultation

Speak With Us Now

Representation in English & Español

Call 225-478-1111.

Submit a form to our Louisiana law firm to schedule a consultation with an experienced Louisiana lawyer to handle your criminal defense, immigration, or family law needs. English and Spanish-speaking representation is available.