Legal Question in Immigration Law in California

Do you mean that his conditional green card (valid for 2 years) expired on Oct 17, 2009, and he didn't apply to remove conditions on time?

If yes, this could be a problem because his status as a conditional resident ends if he fails to file to remove conditions timely. Yes, a person in this situation can be placed into removal (deportation) proceedings.

However, if you are married and living together and it's been only about 2 weeks since the missed deadline, you might try to file a joint petition to remove conditions with explanations as to why it is being filed late, etc etc.

If you�d like to schedule a telephone legal consultation, please let me know, and I�d be glad to help: Attorney [@] law-visa-usa.com

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If the late filing is accepted, then there is no issue. If it is not, he will be issued a Notice to Appear in Removal Proceedings and you will able to make the application in the jurisdiction of the court rather than the immigration service. If you get too sloppy, then even greater obstacles would appear. You need to avoid anything else happening that is not timely or done correctly.

Some people can manage fine without a lawyer at this stage, but given what has happened, you and your husband should be represented.

Feel free to contact me at 818 609 1953 or [email protected].

The above is for information only. It alone does not constitute legal advice or an attorney client relationship.

Sincerely,

You may still try to file the I-751 petition now, with a good explanation as to why it is late. If they accept it, then you may be okay, but will probably get an interview. If they don't accept it, then your husband could get a Notice to Appear before a judge for deportation proceedings. I highly recommend that you file the I-751 petition with sufficient evidence, and excellent reason as to why it wasn't filed on time. I'd be happy to assist you in the process, and you may contact me at 415-387-1364 or email: [email protected].