In a previous post we discussedconditional permanent residence and the need for timely filing  an I-751 petition to remove the conditions within  90 days prior to the two year anniversary of being granted conditional status.

We also mentioned that jointly filed petitions  may be filed late where you can demonstrate good cause and extenuating circumstances.

This post sparked a lot of followup questions about exactly what qualifies for “good cause” and “extenuating circumstances” and how late is too late, etc.

Well, unfortunately there is no clear answer here. What we can say is that it is possible to file form I-751  years past the deadline and still have USCIS accept and approve the petition so long as you have not already received an Notice to Appear (NTA) in immigration court proceedings. (and, it may still be possible to file with USCIS during proceedings).

Because the decision to accept your late filing is discretionary you really need to take the time to clearly explain the circumstances that have led to the delayed filing.  And, while it is impossible to predict, we have heard of cases where Form I-751 late filing  (i.e., jointly  filed) petitions have been accepted and approved over a decade after the filing deadline.

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