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What should I do if I-829 form has not been submitted by my attorney when the conditional green card expires?

My conditional green card is going to expire in a week. As far as I know, the project I invested in has been progressing very well for the past few years. Somehow, though, my attorney has not prepared my I-829 application, yet. I feel really scared and helpless right now. My question is: if my I-829 application has not been successfully submitted before the expiration date, what should I do?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Your new immigration attorney should be able to advise you on the best process. If you did not file your I-829 in a timely manner, then you could approach USCIS and claim ineffective assistance of counsel. This may allow you to file a new I-829.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If the attorney has been retained for filing I-829, he or she must meet the filing deadline; otherwise, it may be a malpractice issue. If the attorney has not been retained, he or she has no obligation to file for you and you need to quickly find another attorney to file your case. If you cannot file timely, file late if you have extraordinary circumstances that can explain late filing. USCIS has the discretion to accept late filing. Otherwise, you will be put into removal proceedings.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If your attorney failed to timely file your Petition to Remove Conditions on Form I-829, there is nothing else to do but file late along with a request explaining the late filing and specifically saying that it was not the fault of Conditional Permanent Resident, but the attorney for whatever reason. The CIS has the discretion to forgive late filings. Thus, your I-829 petition should be filed as soon as possible and certainly within days, not weeks or months.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If the petition to remove conditions is not timely filed, it could result in termination of conditional permanent resident status. It is very important that the I-829 petition is filed on time. Only extraordinary circumstances might support a late filing and it is up to USCIS' discretion to accept it or not.

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    Hire a new attorney ASAP and submit the application. If the -829 is not filed in a timely manner, you will lose your green card.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Failure to timely file (i.e., within 90 days of the expiration of your conditional permanent resident status) may result in serious immigration consequences, including accruing unlawful presence. However, if you are late in filing, you may be able to show extenuating circumstances (i.e., lawyer misrepresentation/mishandling) which led to untimely filing and seek the discretion of the USCIS. Also, what is the reason for the attorney's delay in filing? If you are not satisfied with the way this is being handled, you need to speak with your attorney to have him/her provide the proper/timely service; if not, you need to find someone who can.

  • Avatar

    Darren Silver

    Immigration Attorney
    Answered on

    It appears that you may have some time, be it a few days. If the I-829 is not filed timely, it still should be filed late. USCIS can accept the filing late at their discretion.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    USCIS may accept a late filing for a good cause. You need to make a reasonable effort to file before the GC expires. Retain a different attorney ASAP - this is what USCIS would expect you to do. If RC is keeping good records, an I-829 can be prepared in a week. Document your correspondences with the current attorney, including a legal services agreement that establishes the attorney was timely retained for the filing of an I-829. (In other words, make sure the attorney was retained for I-829). You may need all of these documents as proof for USCIS, including a copy of State Bar filing against the attorney. Besides all of this, do everything in your power to make the deadline.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The I-829 application must be filed before the conditional green card expires. Otherwise, you are out of status and the conditional green card is terminated. Unless you have not retained him to do the work, your lawyer must meet the deadline; not doing so may be cause for malpractice.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your lawyer is not ready to submit, you need to find another lawyer who will file it. If it is not filed within the 90-day window before the 24-month deadline, you will be denied and put into deportation proceedings.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Put pressure on your attorney if you have retained him or her, or find new counsel ASAP. Otherwise, you will be handling this in immigration proceedings.

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