When Things Go Wrong: What Happens If an I-751 Is Denied?

Having your I-751 petition denied can feel like a defeat at the end of a long battle. This crucial form, designed to remove conditions on a permanent residency based on marriage, is pivotal in securing long-term legal status in the United States.

However, a denial does not mark the end of the road but rather the beginning of the next challenging phase in the immigration journey. From appealing the decision to preparing for potential removal proceedings, each path forward requires careful consideration and timely action.

You can find help during this phase with the guidance of a removal of conditions lawyer. In this article, SimVisa explores the repercussions of an I-751 denial, offering clarity and advice on this critical juncture in your immigration process.

What Is Form I-751?

Form I-751 is a USCIS document called “Petition to Remove Conditions on Residence.” People who hold conditional permanent resident status in the United States through marriage must file this document in order to remove the conditions.

Typically filed jointly by spouses within the 90-day period before the conditional green card expires, Form I-751 serves to demonstrate that the marriage was entered into in good faith.

Top Reasons Your I-751 Might Get Rejected

The I-751 petition is a pivotal form that demands meticulous preparation. Understanding common pitfalls can mean the difference between approval and rejection.

Here are crucial reasons why Form I-751 might be denied:

• Insufficient evidence: Lack of documents proving a bona fide marriage.
• Failure to appear for interview: Missing the required interview without a valid reason.
• Criminal history: Criminal record of applicant or spouse.
• Fraudulent activities: Evidence suggesting marriage fraud or misrepresentation.
• Incomplete forms or fees: Forms filled out incorrectly or unpaid fees.
• Not meeting residency requirements: Failure to meet the required residency period.
• Failure to file on time: Submitting the petition after the deadline.
• Failure to follow instructions: Not complying with USCIS guidelines or requests.
• Failure to provide translation: Documents not translated into English if required.
• Unlawful presence: Being in the U.S. unlawfully during the application process.

Preparation, thorough documentation, and adherence to USCIS guidelines are key to a smoother path toward permanent residency in the United States. With careful attention to these potential stumbling blocks, you can increase your chances of a successful I-751 petition.

The Fallout: Immediate Impacts of an I-751 Denial

The repercussions of an I-751 denial are immediate and profound. A denial affects your legal status and eligibility for benefits, and it could lead to deportation proceedings. You should understand these potential consequences and take swift and informed action:

• Loss of legal status: You may lose your conditional permanent resident status.
• Time constraints: Immigration authorities might issue a deadline for you to leave the country.
• Immediate ineligibility: You could become ineligible for certain benefits tied to your status.
• Legal complications: You may face additional challenges in future immigration applications.
• Limited appeal options: You have few or no appeal options, depending on the circumstances.
• Initiation of removal proceedings: The denial may trigger deportation proceedings.

After an I-751 denial, your next steps could change the course of your life. Consult with an immigration attorney promptly. With your attorney’s professional legal guidance, you can explore your remaining options and choose the best course of action.

What Steps Should You Take If Form I-751 Is Denied?

You still have options. If you act quickly and work with your attorney to form a clear strategy, you can refile your petition, file a motion to reopen or reconsider, or defend your case before an immigration judge with a chance of approval.

Step 1: Understand the Reason for Denial

When Form I-751 is denied, the first crucial step is to learn the reasons for the denial. USCIS will provide a written decision outlining these reasons. This document will detail whether the denial was due to insufficient evidence of a bona fide marriage, failure to meet eligibility criteria, or issues related to the filing process.

The decision will be the foundation for any subsequent actions, as it pinpoints what needs to be addressed. Review it carefully with your immigration attorney.

Your attorney may provide insights into the specific legal grounds for the denial and assess whether there were errors in the process. They can also help evaluate the strength of the original petition and suggest additional evidence or documentation that could support your case.

Step 2: Form a Strategy with an Immigration Attorney

Overcoming an I-751 denial requires a specific legal process, so it’s best to find an immigration attorney who has experience in cases like yours.

Work with your attorney to decide on the next course of action. Depending on your situation and the reasons for the denial, this may involve filing a motion to reopen or reconsider, refiling Form I-751, or preparing to appear in immigration court.

An experienced attorney will also identify any potential issues or pitfalls in your case that you might not have noticed, improving your chances of a favorable outcome so that you can move forward as a permanent U.S. resident.

Step 3: Gather Additional Evidence

Once you understand why your Form I-751 was denied, the next step is to gather additional evidence to support your case.

This may include new or supplementary documentation that was not provided with the original petition. For example, if the denial was due to a lack of evidence proving a bona fide marriage, you might collect affidavits from friends and family, joint financial records, photographs, or evidence of joint travel. These documents can help prove the legitimacy of your marriage.

In addition to gathering more evidence, it’s important to organize it effectively. Ensure that all documents are clearly labeled and presented in a logical order. This organization will help you present your case more clearly, whether you are appealing the denial in front of an immigration judge or refiling the petition.

Detailed and well-organized evidence can significantly improve your chances of a favorable outcome by clearly addressing the reasons for the initial denial.

Step 4: File a Motion to Reopen or Reconsider

If you believe there was an error in the denial of your Form I-751, you may file a motion to reopen or reconsider with USCIS. A motion to reopen involves presenting new facts that were not previously available, while a motion to reconsider is based on asserting that USCIS incorrectly applied the law or policy to your case.

These motions must be filed within a specific time frame (generally 30 days from the date of the denial), so prompt action is necessary.

In preparing these motions, your attorney will include a detailed explanation of why they believe the denial was incorrect and explain how the new evidence or legal arguments rectify the issues identified by USCIS.

This step provides an opportunity to clear up any mistakes or oversights in the original application and potentially overturn the denial without appearing before an immigration judge.

Step 5: Prepare for Removal Proceedings

If your Form I-751 is denied and USCIS begins removal proceedings, you will receive a Notice to Appear in immigration court. There, you will have the opportunity to present your case before an immigration judge.

It is essential to prepare thoroughly for your court appearance. This involves collecting and presenting evidence that supports your eligibility to remove the conditions on your residence. You may also bring witnesses who can attest to the legitimacy of your marriage.

During the hearing, you can reassert the evidence previously submitted with your I-751 and introduce any new supporting documents. The immigration judge will review your case from the beginning without regard to the previous USCIS decision.

This process allows you and your lawyer to directly address the judge and provide a more detailed explanation of your circumstances. Effective preparation and presentation are crucial to convincing the judge to overturn the denial and grant your petition to remove the conditions on your residence.

Step 6: Appeal the Judge’s Decision

If the immigration judge denies your case, you can appeal the decision to the Board of Immigration Appeals. You must do this within 30 days of the judge's decision.

Filing an appeal involves submitting Form EOIR-26 and providing a brief that outlines the legal and factual arguments as to why the judge’s decision was incorrect. This brief should address any errors in the judge’s application of the law or assessment of the evidence.

The appeal process requires a deep understanding of immigration law and appellate procedures. A skilled immigration attorney familiar with your case can draft a persuasive appellate brief, emphasizing any mistakes made during the removal proceedings and arguing for a reversal of the decision.

This step is your final opportunity to contest the denial and secure your status as a permanent resident.

Reach Out to a Fierce Immigration Advocate at SimVisa

When you’re faced with a denial of Form I-751, knowledgeable legal support can turn things around. SimVisa offers effective strategies tailored to your circumstances. Whether you need help understanding the reasons for denial, preparing a strong appeal, or exploring alternative pathways to residence, our team is here to help.

Your future in the United States depends on proactive, well-informed legal representation. With years of experience in immigration law, we are uniquely qualified to be your advocate. Take action today by reaching out to SimVisa for a consultation.