Hello, thank you for requesting me and I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.
You may get lucky because you were in status up to midnight of the 3rd and the 751 was received on the 4th so you can argue you did not have a day out of status. I would request your attorney to give you an Affidavit that he instructed you to hand deliver the package to Laguna Niguel.
The attorney should have known you could not have access to the facility and the instructions say you can only send via mail or courier.
So I would get that Affidavit from the lawyer and if there is a problem and your petition is denied for untimely filing you file a Motion to Reconsider based on ineffective assistance of counsel and that you had not had one day out of status. Therefore the petition was received timely.
Yours will be a wait and see situation.
After getting the Affidavit I would also file a bar complaint against the lawyer for his negligent advice to hand deliver. That would also be supportive if you get an adverse decision and have to file the Motion to Re-open.
Just get prepared but I think you will be OK. There was no day you were out of status that USCIS did not have your I-751 in hand.
You may want to consider changing lawyers if you have to file the Motion. I assume this lawyer submitted a G-28 Notice of Appearance of Attorney so all communication will be going to him from USCIS. So be careful about filing a complaint against him until a new attorney has entered their appearance in your case.
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