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Cite as 26 I&N Dec. 428 (BIA 2014) Interim Decision #3817 Matter of Keisha MONROE, Respondent Decided October 24, 2014, U.S. Department of Justice Executive Office for Immigration Review Board of
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What happens if I send my I-751 late?
I-751 Filed Too Late If you receive notice that your I-751 was denied for filing too late, it is because USCIS received your petition after the 90-day window. Submitting your form late will result in an immediate rejection.
How do you terminate conditional resident status?
A conditional permanent resident receives a Green Card valid for two years. To remove the conditions on your permanent resident status, you must file a petition within the 90-day period before your conditional Green Card expires.
What happens if you file I-751 too early?
The time frame when you have to file Form I-751 is 90 days before your conditional green card expires. You need to be precise when filing: Applying too early: if you file a petition before 90 days, USCIS will return the form, and you will have to refile the application in less time than allotted.
What happens if you file I-751 late?
If USCIS accepts the reason for the late filing, it will accept the late-filed I-751 and extend conditional residence until the I-751 is adjudicated. However, if it does not accept the late I-751, conditional residence will terminate, and the person will be placed in removal proceedings.
Can an immigration judge adjudicate an I-751?
The I-751 with a waiver must be filed with USCIS even though the alien is in removal proceedings, because the immigration judge does not have jurisdiction to adjudicate any I-751 petitions. The immigration judge only has jurisdiction to review the denial of an I-751 by USCIS.
What is the excuse for filing I-751 late?
USCIS may excuse late filing of I-751 if there was a good cause (hospitalization, illness, emergency, taking care of a family member, having a family member in active duty in the US army, etc.)
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