What's my legal status in the U.S. after turning in a late I-751?

A late-filed I-751 application to remove the conditions on residence may work, depending on whether your case has been transferred to immigration court for removal proceedings.

Question

I did not turn in my I-751 on time because my husband and I had been going through some difficult times after he lost his mother, and I thought I would just rather go back to my country, Italy. But everything is good now between us and we applied for the I-751 together even though we were six months late. Now while we wait, I’m worried, because I don’t really know what my status is. Am I illegal? Can I be deported? Can I work even if we filed late?

Answer

According to U.S. immigration law, a person loses permanent resident status automatically after failing to file an I-751 on time. Based on the facts you've described, this is what happened to you -- after which you immediately began accumulating “unlawful presence.”

As a result, it became immediately possible for the U.S. government to legally remove (deport) you. If you have not yet received an  I-797 receipt  from USCIS and have not received anything by mail from the immigration court, you should call the Executive Office for Immigration Review’s  case information  system to make sure that you have not yet been placed in removal proceedings or been ordered removed. (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 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 – this time in immigration court.

Otherwise, if and when you have received 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 country if you chose to travel abroad.

Filing the late I-751 did not completely reinstate your conditional resident status, however, and, if your petition is denied and you must leave the country, then 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.

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) that 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