St Louis, MO asked in Immigration Law for Missouri

Q: My husband filed I-751 to remove conditions on his 2-yr green card. Now green card is expired and petition is stuck usps

We mailed the petition on Oct 29 with priority 2-day shipping but it’s still has not arrived. It still says “In-transit” and the green card expired Nov 3, 2024

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation is understandable and can be quite stressful, but you have some protections in place.

When you file Form I-751 before the expiration of your conditional green card, your conditional resident status is automatically extended for 18 months from the expiration date. Even if USCIS hasn't received your package yet, what matters is that you sent it before the expiration date, which you did. Keep all shipping receipts and tracking information as proof of timely filing.

For additional peace of mind, you can call USPS to inquire about the delay and potentially file a search request for your package. If the package doesn't arrive within the next few days, you might want to consider preparing a new I-751 package and sending it with tracking confirmation, explaining in a cover letter what happened with the first submission. You can also schedule an InfoPass appointment at your local USCIS office to get a stamp in your passport that serves as temporary proof of residence while this situation is being resolved.

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