The Second I-751 Approved Despite Prior Denial Due to Late Filing!
January 17, 2024

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The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.

Our client came to our office desperate for help. He had been granted conditional resident status based on his marriage to his US citizen wife. As part of his conditional resident status, he was required to file an application to remove the conditions on his permanent residence before his conditional residence expired. However, our client submitted his application just five days late. USCIS thereafter denied his application. He had hired an attorney to appeal the denial, but his appeal was also dismissed.

We knew we had to move quickly as the denial of an application to remove the conditions on residency results in the applicant being placed in removal proceedings under INA §237(a)(1)(D).

We moved quickly to file a second petition to remove the condition on the client’s residence. We included proof that our client and his wife were still married and in a bona fide relationship and an explanation for the late filing explaining that he never intended to abandon his status. Our office fought for the client, submitted multiple requests to have the application adjudicated in a timely manner, and responded to a Request for Evidence (RFE) from USCIS, all in the hopes that our client’s application would be approved and he could avoid removal proceedings.

After a two-year battle, our firm was successful in having the client’s application granted! Our client is now a permanent resident with a full 10-year green card!

Conditional residents must file an application to remove the conditions on their residence within 90 days of 2nd anniversary of the grant of conditional resident status. Failure to file a petition to remove conditions within 90 days shall result in automatic termination of conditional resident status. However, USCIS may waive the untimely filing for good cause and extenuating circumstances.

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at We are committed to providing the assistance you need, so please don't hesitate to reach out.  

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