What happens if I don’t file Form I-751 during the 90 days prior to my 2nd year anniversary as a conditional resident?

If you don’t properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

-Your conditional resident status will automatically be terminated and we will begin removal proceedings against you
– You will receive a notice from us telling you that you have failed to remove the conditions
– You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

Author: Mark

A U.S. immigration lawyer. Legal Services available in Arabic and Russian.

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