CASE: I-751
APPLICANT: Kenyan
LOCATION: Cleveland, OH
Our client contacted our office in January of this year regarding his I-751 application.
He is from Kenya and obtained his conditional residency based on being the minor son of his mother. In October 2005, while he was in Kenya, his mother married her U.S. citizen husband and got her conditional permanent residency through the marriage. Her U.S. citizen husband filed the I-130 petition for our client and as a result, our client got his immigrant visa in December 2006. Later, his mother got divorced to her U.S. citizen husband, but she removed the condition on her permanent residency. However, she did not file the I-751 petition for our client because she did not know that our client also should apply.
Without the proper guidance of any immigration counsel, our client’s mother filed I-130 petition again for our client and our client filed his green card. Obviously, because of the wrong procedures that they took, our client was placed in removal proceedings. Nevertheless, the Immigration Judge administratively closed his proceedings and advised him to file I-751. she married a U.S. citizen in July 2007. Through her marriage, she obtained a 2-year conditional green card in March of 2008. Her conditional residency terminated in March 2010.
The USCIS still allows the I-751 applicant to file his or her I-751 application as long as there is a good cause for the late filing. After the administrative closure of his case, our client then retained our office for the I-751 filing. Once retained, our office prepared an I-751 application for our client with his mother’s divorce decree, naturalization certificate, and his letter to explain his late filing.
On February 16, 2016, our office filed an I-751 application to the USCIS with an affidavit of applicant to explain his late filing and other supporting documents.
Eventually, on October 4, 2016, the USCIS approved our client’s I-751 application without any RFE or interview. Now, he has her ten-year green card.