August 13, 2021

I-751 Removal of Conditions-- Late Filed to USCIS

Mooradian's client, a young person from Europe, recently had filed a form I-90, application to renew a permanent resident card, instead of the required Form I-751, Petition to Remove Conditions of Permanent Resident status.  Because the incorrect application had been submitted, the application was rejected.  Meanwhile, the applicant's green card had expired, and the client remained without a permanent resident card and was outside the 90 day window prior to expiration to remove conditions.

The client worried that he would not longer be eligible for ten-year permanent resident status because he was late in filing his removal of conditions.  Mooradian was able to quickly assemble a proper I-751 application, along with extensive supporting evidence of the bona fide and ongoing nature of the marital relationship. Then, Mooradian developed a strong affidavit with the client to excuse the late filing.

USCIS agreed that the delay in filing form I-751 was reasonable and went forward by first issuing a receipt of the I-751 (thus extending the resident status), and then issuing the ten-year permanent resident card.  The client is able to live now as a lawful permanent resident and continue his ongoing relationship with his U.S. Citizen spouse.

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