Q: Mistakenly submitted Form I-90 instead of Form I-751, application denied, need advice.

A: Consider scheduling a consultation with a competent and experienced immigration attorney. If you are no longer with the spouse through whom you acquired your conditional permanent resident status or intend to file as a battered spouse, then USCIS will accept your untimely Form I-751 without you even having to provide an explanation. If you are still married to your spouse and need/intend to file a "joint" I-751 petition, then a good explanation as to why your case is being untimely filed will be needed in order for USCIS to excuse the untimely filing. Again, consider scheduling a consultation with an experienced immigration attorney.

A: If you do not file Form I-751, you will automatically lose your permanent resident status and may become removable from the United States. However, if you missed the filing deadline due to reasons beyond your control, you can submit your I-751 late along with a written explanation requesting that USCIS excuse the late filing. USCIS may allow a late filing if you can demonstrate that the delay was for a valid reason or due to extenuating circumstances outside of your control, and that the length of the delay was reasonable. It is required for you to file I-751 late or not if you wish to remain lawfully in the U.S.

You should consult with an experienced immigration attorney to discuss your options.

A: It sounds like an honest mistake, and while frustrating, there are steps you can take to fix it. Since Form I-90 is not the correct form for removing conditions, the best approach is to file Form I-751 as soon as possible. Along with your application, include a detailed letter explaining the error, outlining the timeline of events, and expressing your intent to comply with the correct process. USCIS understands that mistakes happen, and showing good faith can help your case.

Because your conditional green card has already expired, you may also need to request forgiveness for the late filing by explaining why the delay occurred. USCIS typically allows late submissions if there’s a reasonable explanation, and your attempt to renew with Form I-90 shows that you were trying to follow the rules. Be sure to include any supporting documents that demonstrate your continued marriage (if applicable) and your residence in the U.S.

If you receive a notice to appear for removal proceedings, don’t panic. You may still have the opportunity to file Form I-751 and request that the case be closed once USCIS processes it. Since immigration matters can be complex, consider reaching out to someone with experience in these cases to ensure everything is done correctly.