Filing the wrong form to extend your two-year Green card is common. People with two-year Green Cards will often file the I-90 to “renew” their Green Card. However, this is not the correct form. Instead, the form you need is the I-751 which is the form for the Removal of Conditions on a two-year Green Card.
You may not even realize that you submitted the wrong form until you receive a letter saying that the I-90 submission was denied. If you have a two-year Green Card, then you must go through a special process called the Removal of Conditions. If you want to know more about that process, click here to read about it.
It’s understandable to make the mistake of filing the I-90 for a renewal instead of filing the I-751 for Removal of Conditions. The renewal process with the I-90 is simpler and can be completed online whereas the I-751 requires additional documents and evidence.
Don’t be scared, however. Making this mistake with the forms is unfortunate, but it is almost always fixable. We’ll outline below what steps you can take to fix this.
Steps To Take if You Filed the Wrong Form for Your Two-Year Green Card
There are different steps to take depending on whether or not your Green Card is currently valid or if it is expired. If you aren’t sure what you should do for your specific circumstances, contact an immigration attorney.
If Your Green Card Is Still Valid
If your two-year green card hasn’t expired yet, hurry and file for Removal of Conditions before it expires. As this process is a bit more complex than filling out the I-90 form, you may want to speak with an immigration attorney to help you process the forms with the additional documentation you will need to provide.
If Your Green Card Has Expired
If your Green Card has already expired, then when you still need to file the I-751 for your Removal of Conditions. This means your application will be considered a late-filing.
If you filed the I-90 and you were supposed to file the I-751, USCIS will deny the I-90. Do not wait for the denial letter to take the next step and submit your I-751.
As part of your application, you’ll need to write a letter explaining why you’re filing late. Historically, USCIS has been pretty forgiving of mistakes like this. Part of your letter could say something like: “I didn’t speak to an immigration attorney beforehand, and I mistakenly thought I needed to file the I-90 instead of the I-751. I’ve attached my receipt notice showing that I paid for and filed the I-90. I realized a few months later that I made a mistake, so I immediately hired an immigration attorney to help me fix it.”
In the past USCIS has forgiven late filings; however, they may not be as forgiving in the future. USCIS changes its filing requirements frequently. We recommend speaking to an immigration attorney before filing any immigration documents on your own so that you can rest assured that you submit the correct documents and don’t pay additional filing fees as the government will not refund you for filing incorrectly.
Attorney Tim Jones
Our legal team has helped many people file their I-751 for Removal of Conditions, including many cases where we were hired after the 2-year green card had already expired. We would be happy to assist you with your Removal of Conditions process. Give us a call today!
