Pay attention to details in your USCIS filings

Just last week a woman, let’s refer to her as Linda, came in and requested for assistance regarding a submission she filed before the USCIS. Initially, on her own initiative, she petitioned to remove conditions of permanent residency as part of the process for her to obtain the full ten-year residency. Linda felt that her Form I-751, Petition to Remove Conditions on Residence was timely filed a week before her conditional residency expired. However, after a few weeks, her file was subsequently returned by USCIS because of what appears to be a small technicality but which has a very grave consequence.

The reason that Linda's file was not accepted by USCIS was that she submitted an older version of Form I-751. USCIS wants her to file the newer version of the form. As simple as that. What hurts the most is that as it was not accepted, USCIS considers the petition as not filed at all and the fact that her conditional residency already expired when she received back her file. Thus, if she refiles, she would already have an expired greencard. What she can do is to convince USCIS to accept the late filing and that she had a valid reason for not filing it on time. It would then be at the discretion of USCIS whether to accept her explanation or not.

So as a lesson to all of us, make sure that everything is right the first time we file an application or a petition. Even details as simple and as small as the correct and updated form, correct amount of fees, or filing address could have devastating effects if not closely checked. Always make sure that you refer to the instructions page of the form where you can obtain the latest informational guide.

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The US presidential elections this November has already taken shape a few days ago with the announcement that Sen. Kamala Harris is the running mate for the Democratic presumptive nominee, former vice president Joe Biden. Senator Harris, a daughter of Indian and Jamaican parents, is the first woman of color to be picked for such a high position by a major political party. Her selection was hailed by a majority of liberal groups as a breakthrough for the progressive movement. As a former city prosecutor and state attorney general, and as a sitting US senator, her record on law and order, healthcare, immigration, and other issues have excited the left-leaning wing of the Democratic Party. Her record on big issues was already known and vetted by the public when she ran in the presidential primaries opposing Mr. Biden. It also helps that she is relatively young as a counterweight to the veteran and older Mr. Biden. The question remains if she can set aside her own presidential ambitions and let Mr. Biden dictate the overall governmental policy.

It would be an interesting match-up between the incumbent Trump/Pence ticket and the challenger Biden/Harris pairing. With the COVID-19 pandemic, economic hardship, and other issues affecting the US and the rest of the world, the American voters would have a very consequential decision to make on November 3, 2020.