QUESTION
What is my next step to getting her residency renewed?
Asked on Apr 18th, 2013 on Immigration - Texas
More details to this question:
I am a US citizen and my wife did not respond to the I-751 in 2011 and her conditional resident status was terminated.
8 ANSWERS
Did she get any additional correspondence from USCIS such as notice to appear before immigration judge for removal proceedings? If not, you will need to restart the process of applying for her green card.
Answered on Apr 23rd, 2013 at 9:13 PM
You must apply to USCIS for an exemption/waiver of the 2-year requirement. The sooner, the better. Your wife started accruing illegal presence in the Country and might be penalized (the tree/ten year bar). Would be good if you could show a "good cause," i.e. circumstances beyond your control, to file the I-751 timely. In any way, be honest and USCIS may forgive you, especially if your marriage is preserved. I would suggest to consult an attorney about your circumstances, because if your request is denied, your wife might be referred for removal action (if not already).
Answered on Apr 22nd, 2013 at 8:36 PM
Bruce A. Coane
She can file now, with an explanation of why she didn't file on time.
Answered on Apr 18th, 2013 at 11:54 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Your first step is to make an appointment with a competent immigration attorney. Under the law, your wife has no legal status at this point. However there is case law that states the status remains until an actual termination decision is made. It is possible that your wife was put in removal proceedings and if she failed to appear, has an order of removal. See an attorney now who can ensure that is not the case. If it is not, then she can late file by providing proof that the delay was due to extraordinary circumstances. If it is, then you need to do a motion to reopen and file in immigration court.
Answered on Apr 18th, 2013 at 9:27 PM
It depends on the details of your situation, reason for not responding and the current status of your relationship. Consult with an Immigration Attorney so the attorney can help you fix the problem.
Answered on Apr 18th, 2013 at 1:33 PM
Consult with a lawyer to see if your wife can file the I-751 still.
Answered on Apr 18th, 2013 at 1:32 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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She can always file late or reapply for the green card. Either way should work. But I would consult with an experienced immigration attorney first.
Answered on Apr 18th, 2013 at 1:32 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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She will need to submit her I-751 to USCIS at the Vermont Service Center with an explanation as to why the petition was not filed within the 90-day period before her conditional card expired.
Answered on Apr 18th, 2013 at 1:31 PM