Daughters expired conditional residency under 18

[curious360]

My daughters conditional residency expired about 3 years ago. she is now 16. Her mother has a permanent resident card. She is not my biological daughter but i am a citizen. I am kind of lost on where do i pick up where i left off with her residency. The only reason why we never took off the conditional was because i could not come up with the extra money to have to pay for her permanent card. If anyone can help me as far as explaining what my options are and what steps do i need to take to make things right. Thank you in advance.

[rayb]

An I-751 form needs to be submitted for the daughter, with a $570 fee. Since the child's "Removal of Status" application is now three years overdue, she is without status and subject to deportation proceedings.

I'll try to withhold expressing my opinion about the appropriateness of neglecting this child's U.S. Permanent Resident status upgrade. But you may expect USCIS to have some harsh words for the parents of this child.

If the child's upgrade had been done at the same time as her mother, the fee for the child would have been only $85 (if the child received her 2-year card at the same time as her mother).

--Ray B

My daughters conditional residency expired about 3 years ago. she is now 16. Her mother has a permanent resident card. She is not my biological daughter but i am a citizen. I am kind of lost on where do i pick up where i left off with her residency. The only reason why we never took off the conditional was because i could not come up with the extra money to have to pay for her permanent card. If anyone can help me as far as explaining what my options are and what steps do i need to take to make things right. Thank you in advance.

[curious360]

Thank you for the information and also withholding your opinion. It is hard to understand what family's go through just trying to survive.

She did not receive her GC the same time as her mother. It would have been a lot easier but that's another long story. Again, thank you for the information. Do you think they would continue with the removal of conditional residency even tho it has been more than three years overdue?

[rayb]

Curious,

This is the kind of situation for which USCIS can use discretionary authority to move on without too much hassle. But you really don't know until you take the first step in meeting the requirements, which is to submit an I-751, fee, copy of the expired Green Card, copy of her mother's 10-year card, and a narrative explanation, succinct and factual, explaining the delay.

It is possible that they might require a new I-130 petition and Adjustment of Status, with fees of $420 and $1,070, to start everything from scratch, but that is probably the worst case scenario.

--Ray B

Thank you for the information and also withholding your opinion. It is hard to understand what family's go through just trying to survive.

She did not receive her GC the same time as her mother. It would have been a lot easier but that's another long story. Again, thank you for the information. Do you think they would continue with the removal of conditional residency even tho it has been more than three years overdue?