Q: I accidentally filed for the I-90 on October 20,2021 which was 90days prior to when my 2 year green card expired .
I accidentally filed for the I-90 on October 20,2021 which was 90days prior to when my 2 year green card expired . Unfortanetly I just found out while checking on any updates That I was suppose to file for the I-751 . I am in disbelief and don’t know what to do because I read that they can deport you and revoke my permanent residency because I didn’t file for it within in 90 days . How do I fix it ? Is it even fixable ?
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A: Since you are still within the time range immediately file the I-751 with all the supporting documents and file a withdrawal of the I-90
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A:
So your green card has been expired for almost a year? Normally, if your failure to file was through no fault of your own, you can file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be
excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable. In your case, the failure to file is due to your error (i.e. your fault) so it is not an acceptable excuse. It also doesn't sound like there were extraordinary cirumstances beyond your control to have delayed filing the proper form for so long. I would recommend you consult with an experienced immgration attorney to discuss your options at this point. If you are still married to the US citizen, it is likely just best to file another petition for green card as you will get a 10 year green card now (just like you would if you had timely filed the I-751). Best wishes!
1 user found this answer helpful
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