What happens if an I-751 Filing is denied?

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This is a common concern for the I-751:

  • What happens if my I-751 based on Marriage is denied?
  • What happens if my I-751 Divorce Filing is denied?
  • What happens if my I-751 Waiver is denied?

The short answer: if an I-751 is denied, it will lead to an NTA or Notice To Appear at Deportation Court.

In the past, the deportation court notice was slow to arrive; however, in 2018, the Notice is expected at the same time or very soon after an I-751 is denied. If a notice is not received, they may have been a “mailing or delivery” issue, and a denied applicant should seek out an Immigration Attorney as soon as possible.

Over the years, my practice has been to refile the I-751 ASAP so that jurisdiction remains with USCIS and doesn’t transfer over to EOIR Deportation Court. However, after the 2018 policy change, that “re-filing option” may no longer be available. However, every case is different and USCIS may have denied an I-751 for a number of reasons, such as:

  • Failing to update your address with USCIS
  • Failing to appear at a scheduled interview
  • Failing to provide a needed supporting document, such as a divorce certificate
  • Failing to provide evidence of Bona Fide Marriage after receiving the Green Card through Marriage
  • Failing to file the I-751 timely, prior to the 90-day window or well after the card expired
  • Failing to choose the proper waiver category

The list goes on, but a denial may be procedural and not focus on the “substance” of your case. It is best to speak with an Immigration Attorney after a denial to figure out what is the best option for your case.

If you would like to contact our office for immigration assistance, please contact Fickey Martinez Law Firm, P.L.L.C. to set up a consultation with our Immigration Attorney.

More Blog Posts

For more information, please check out our Blog Posts on the I-751 Process: https://www.fickeymartinezlaw.com/category/immigration/i-751-removal-of-conditions/


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