I Had Conditional Residence, But Turned in Form I-751 Late: Am I Illegal?

Will a conditional resident be removed after a late-filed I-751? It could happen.

By , Attorney · Florida Coastal School of Law

Let's say you became a U.S. conditional resident through marriage to a U.S. citizen. However, you did not turn in the required Form I-751 on time, because you and your husband had been going through difficult times, and you took a break, went back to your country for a bit. Then you returned, and your marriage was good again, so you two applied for the I-751 together; but six months late.

While you wait for an answer from U.S. Citizenship and Immigration Services (USCIS), you're likely worried. You might have questions like:

  • "What is my immigration status in the U.S.?"
  • "Am I illegal?"
  • "Can I be deported?"
  • "Can I get a job in the United States even if we filed the I-751 late?"

We'll try to answer those here.

Immediate Loss of Immigration Status After I-751 Filing Date Passes

According to U.S. immigration law, a person loses permanent resident status automatically after failing to file an I-751 on time. If that's you, you immediately began accumulating what's known as "unlawful presence" in the United States. It is now possible for the U.S. government to legally remove (deport) you.

But have they actually started that process yet? The U.S. immigration bureaucracy moves slowly.

Have You Gotten an I-751 Receipt Notice From USCIS?

The first important question here is whether you have received an I-797 receipt from USCIS yet, showing that you filed the Form I-751. If and when you receive your I-797 receipt, you should definitely not think of yourself as "illegal" or undocumented, because that receipt (coupled with your expired conditional resident card) would allow you to obtain a Social Security card, to work legally, and to re-enter the U.S. if you chose to travel abroad.

Filing the late I-751 did not completely reinstate your conditional resident status, however. If USCIS denies your I-751 petition and you must leave the United States and then try to return, you might be hit with a three-year ban for the time you spent in the U.S. between the expiration of your resident card and (at least) your actual I-751 filing date.

Have You Gotten an NTA From the Immigration Court?

If you have not gotten that I-751 receipt from USCIS, the next question is whether you have received anything by mail from the U.S. immigration court, such as a Notice to Appear (NTA) scheduling you for a hearing.

If you haven't, try calling the Executive Office for Immigration Review (EOIR)'s case information system. The idea is to make sure that you have not yet been placed into removal proceedings or been ordered removed in absentia (which would happen if you didn't attend a scheduled hearing). You will need your "A" number, which you can find on your conditional resident card.

If you have already been ordered removed, even if this happened without your knowledge, then your I-751 will surely be denied. In such a situation, you should try to get the immigration judge to reopen your case. This could allow you to file a new I-751, in immigration court. An attorney can help you with this.

Immigrants Have Rights in the U.S.

Whatever happens, do not forget that, regardless of your immigration status, you preserve at all times certain basic constitutional rights (against illegal searches, for example), which all government officers are required to respect. Contact an experienced immigration attorney if you need more information on this subject.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
NEED IMMIGRATION HELP ?

Talk to an Immigration attorney.

We've helped 85 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you