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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28731
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I filed Form I-90 instead of Form I-751 before my

Customer Question

I filed Form I-90 instead of Form I-751 before my conditional resident status expired. My Form I-90 was denied. Now my conditional permanent residence expired on April 23, 2013. What shoul I do?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I don't have good news for you. USCIS gives no exception for this error because the instructions for the I-90 BOLDLY and CLEARLY tell you not to use the form to remove conditional status.

http://www.uscis.gov/i-90

Purpose of Form

Use this form to replace a Green Card.

DO NOT submit this form if you are a conditional resident seeking to remove conditions on your Green Card. If you are a conditional resident, you must submit:

You and your spouse have to file all over again for your permanent resident status.

It is an entirely new case because as of the expiration date of your conditional status you have no status and are here illegally. The conditional status is no different from any other visa that has an expiration date and you are out of status and accruing unlawful presence from date of expiration UNLESS you filed the I-751.

Here is what you will need: Find instructions for each here:

http://www.uscis.gov/forms

I-130 Immigrant Petition (signed by US citizen spouse)

I-485 Application for Adjustment of Status (signed by alien)

I-765 Employment Authorization Application (signed by alien)

I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)

G-325A Biographic Sheet (one for alien and one for their spouse)

G-1145

A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

I-864 Affidavit of Support

Two passport sized photos of spouse

Six passport size photos of alien

Copy of alien’s passport including all blank pages and I-94

Copy of US citizen birth certificate, natz cert or passport

Copy of spouse's birth certificate

Copy of any divorce decrees

Copy of marriage certificate

One check for the I-130 in the amount of $420

One check for the I-485/765/131 in the amount of $1,070

The packet get filed at the PO box on Page 6 of the instructions

http://www.uscis.gov/files/form/i-485instr.pdf

You can read about the process at this site

http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 1 year ago.
Look at page 3 (A) Untimely filing of I-751 and you will see the reasons USCIS will accept as good cause for late filing and mistakenly filing I-90 is not considered good cause.
http://www.uscis.gov/sites/default/files/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/I-751-LateFiling-PM.pdf
Judith

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