It started with a late filing—and ended with a same-day oath ceremony.
This morning, I walked into the USCIS Field Office in Charleston with one of our clients and watched her walk out as a United States citizen. But just a few months ago, her case was in serious jeopardy.
This is how we fixed a tangled immigration mess caused by a missed deadline, and how strategic action — and a little bit of USCIS discretion — turned things around.
💥 The Problem: A Missed I-751 and a Denied Naturalization
When my client first came to us, she thought they had ruined her immigration case.
“We screwed up my wife’s case. We need help.”
That’s what her husband told me during our initial consultation. And he wasn’t wrong. Here’s what happened:
- My client had received a 2-year conditional green card through marriage.
- She didn’t realize she needed to file Form I-751 to remove conditions before it expired.
- Two years passed, and her card expired.
- Thinking she was eligible, she filed Form N-400 (for naturalization) after three years of marriage.
- USCIS denied the naturalization because she hadn’t renewed her green card.
- She went into her online USCIS account and found the only renewal form listed – the I-90. But that too was denied because what she really needed was the I-751, which is not available to file online.
By the time they found our firm, her green card had been expired for over two years.
⚖️ The Strategy: Using Discretion + Smart Timing
Late filings of Form I-751 are serious — but not always fatal. USCIS has discretion to accept late filings if you can show good cause and explain the delay clearly. After reviewing their documents and circumstances, I believed we had a strong argument.
We quickly:
- Prepared a thorough I-751 package, including evidence of good faith marriage and a detailed explanation for the delay.
- Filed the I-751, requesting USCIS to excuse the late submission.
- Then, I recommended a bold but strategic move: refile the N-400 while the I-751 was still pending.
Why?
Because filing the N-400 while the I-751 is pending often causes USCIS to transfer the I-751 to the local field office (Charleston, in this case). That way, the officer can interview the applicant on both applications at once — potentially shaving years off the wait and giving my client a chance to explain her situation in person.
Of course, this strategy isn’t without risk. If the I-751 were denied, the N-400 would be denied too, and the filing fee lost. I explained all of this clearly to my client. But based on the strength of her case and the current political climate, we decided the potential benefit was worth the risk.
🏛 The Interview: Charleston USCIS Delivers Good News
Just two months after we filed the N-400, my client received her interview notice at the Charleston USCIS Field Office.
Today was the big day.
I accompanied her to the interview. The officer:
- Reviewed the I-751, accepted the late filing, and approved it on the spot.
- Then reviewed the N-400, asked the standard questions, and approved it too.
- And finally, turned to my client and said the words we’d all been hoping for:
“You will have your oath ceremony today!”
Tears of relief welled up in her eyes. After months of fear, guilt, and uncertainty, it was over. My client was finally becoming a U.S. citizen, and her immigration journey was over.
💬 A Reminder for Charleston Families: Don’t Wait
If your green card is conditional, you must file Form I-751 before it expires. It doesn’t matter how strong your marriage is — USCIS follows strict rules, and missing a deadline can set off a domino effect of denials.
But even if you’ve missed a deadline or made a mistake, there’s hope. With the right guidance and a well-prepared case, you may still have options.
At Occam Immigration, we focus on helping Charleston families through complex situations — especially when the stakes are high and mistakes have already been made.
📍 We Know the Charleston Field Office Inside and Out
We regularly accompany our clients to interviews at the USCIS Charleston Field Office. We understand how local officers handle discretionary decisions like late I-751 filings and dual interviews.
Our job is to guide you every step of the way, whether you’re renewing a green card, filing for naturalization, or trying to fix a past mistake.
✅ Need Help Fixing Your Immigration Case?
Don’t let fear or confusion keep you from getting the help you need. If you’re in Charleston and facing an immigration issue — big or small — we’re ready to help.
👉 Schedule a consultation today
