Legal Question in Immigration Law in Montana

Re: Expired Permanent Resident Card

First, have you received a receipt notice for your I-751 petition? If so you may have already received an automatic one-year extension of your conditional residence. If you have not received a receipt notice OR if they did not grant you the one-year extension with the receipt notice then I would suggest you show your application along with any correspondence regarding the I-751 to an immigration attorney. That is not the most helpful answer but since a deadline was missed it is important that you have the proper help in remedying the situation. You can contact my office as well if you would like to discuss the case.

Re: Expired Permanent Resident Card

Technically, CIS can terminate your conditional residence on your two year anniversary date. You are required to show good cause and extenuating circumstances as to why it was not filed timely. If you have not addressed this issue in your hasty filing, you should seek to address it now.

Additionally, you should seek to bolster your filing with additional evidence showing the continuing validity of your marriage. This is not required, but based on my experience, goes along way to keeping CIS off your back for the late file.

If your filing is not rejected, you will receive a receipt notice in the mail. That document will help you to extend your permanent resident card. You will also receive a biometrics notice. Once your biometrics are captured, you can get an extension sticker on your card or a temporary stamp in your passport. This will allow you to continue to work.

You should consult with an attorney for representation in this situation. There are some pitfalls and potential deportation consequences.