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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105118
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I need to know something about form I-751. I know that the

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I need to know something about form I-751. I know that the same can be filed a little bit late if you have an valid excuse to do so, but what happens if 9 years have passed since the expiration of the conditional residence and form I-751 has not been filed?. In this case the alien is still married to the US citizen spouse and they even have a child together. Is it better to filed a new adjustment of status or is still possible to file I-751?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Just please remember that often the law is not good news. IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

I assume that the relationship is still a good one and they plan to stay together and continue to be together in the future?
Customer: replied 3 years ago.

Yes it is a bona fide marriage, they are together and have evidence of life together including a child born to their marriage. The problem is that although the alien was aware that had to file this process, he thought it was just a renewal and since he did not plan to travel abroad it was not so important form him to do timely. It was back in the year 2004 when his conditional residence expired

Ok, well, an I-751 file NINE years later for that reason, and in fact for any other reason than maybe the person was in a coma or something, would probably be denied and they would waste their money. So the better bet would most likely be to just file a whole new Adjustment of Status. Yes, it is around $1500, but it is better than filing the I-751, losing that money and then still have to file a new Adjustment of Status package.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 3 years ago.

you make me laugh with your response and I'm with you, think it would be better to file a new adjustment of status. Only another question, if the case were that the conditional residence expired one year ago and the person did not file because of lack of knowledge of the process or economic problems, what do you think? would it have any chance to be approved?

That's not something that they should worry about because it does not look like it is fraud to me or anything like that. As long as they can prove the marriage is real, it should not be issue that they never applied to remove the conditions.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
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