Can I File the I-751 Petition After my Conditional Green Card has Expired?

The I-751 petition, also known as the Petition to Remove Conditions on Residence, is a crucial step for non-citizens who have obtained their conditional permanent residency in the United States through marriage to a U.S. citizen or legal permanent resident (LPR). The petition is typically filed within the 90-day window before the expiration of the two-year green card. However, many conditional residents may wonder if they can file the I-751 petition after their green card has already expired.

The short answer is yes, but there are certain caveats and risks involved that you should be aware of. First, it's important to understand that the I-751 petition is used to remove the conditions on your green card, which was granted on a conditional basis for two years. By filing this petition, you are seeking to have the conditions removed and receive a full ten-year permanent green card. If you fail to file the I-751 petition, or if it is denied, your conditional green card will expire, and you will be subject to removal from the United States. It is strongly recommended that you file the petition as soon as possible to avoid any gaps in your legal status. The longer you wait to file the petition, the greater the risk of encountering complications and delays in the processing of your case.

If you find yourself in a situation where you are unable to file your I-751 petition on time, it's important to take action immediately. If your two-year green card has already expired, you are still eligible to file the I-751 petition; however, you must be able to demonstrate "good cause" for your failure to file on time. While good cause is not specifically defined by statute or regulation, it is generally understood as an unforeseen/extraordinary circumstance beyond your control that prevented you from filing your petition on time.

Examples of "good cause" may include, but are not limited to:

a serious illness or injury;
a natural disaster;
a family emergency;
caring for an ailing or dying relative;
a work-related commitment, trip or obligation; and/or
legal or financial problems.

Since there is no explicit definition of good cause, the facts and circumstances of your situation will be useful in determining whether good cause can be shown. To file a late I-751 petition based on good cause, you must submit a written explanation detailing why you were unable to file on time along with your petition. You will also need to provide evidence to support your claim of good cause.

For example, if you were hospitalized and unable to file your petition due to a serious illness, you could submit medical records and a letter from your doctor. It's important to note that USCIS has discretion to accept or deny a late-filed I-751 petition based on good cause. Even if you can demonstrate good cause, there is no guarantee that your petition will be approved. It's always best to file your petition on time whenever possible to avoid any potential complications.

In conclusion, while it is possible to file the I-751 petition after your green card has expired, it is recommended that you file timely to avoid complications and maintain your legal status in the United States. If you are unsure about the timing or requirements for filing your petition, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.