Q: Green Card Expired. What are my options?
My wife entered the US on a K1 visa. We were married shortly afterwards. She was granted a green card. We were unaware that the initial green card expires after 2 years. She's live with me in the US since 2013. We have a family. I'd like for her to be a permanent resident and be on the path to citizenship but I'm not sure what to do as technically since her green card is expired, she is removable.
A:
The initial LPR card obtained as a result of adjusting a status based on a bona fide marriage of a US citizen states its term of validity on is front. Thus, by operation of law, her LPR status is deemed expired as its requirement to remove the condition was never filed within 90 days prior to its expiration.
You must discuss a possible course of action with a competent immigration counsel of your choice remotely or in person.
A: Schedule a consultation with a competent and experienced immigration attorney. Assuming that she was not already placed in removal proceedings (without her knowledge) and ordered removed in absentia, the two of you could examine with counsel the possibility of filing an untimely joint petition to remove conditions. Ever since the onset of the COVID-19 pandemic, many attorneys offer online video or telephonic consultations.
A: You can try to file a 751 but must explain the reasons for your failure to file a timely removal of conditions. If that is not accepted, then you may need to re-file the adjustment of status case. You should not take any legal steps until you consult with immigration counsel for a full review of the case facts.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
