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I-751 Denials

My Petition to Remove the Conditions was denied (I-751 denials)

Question: My I-751/Petition to Remove the Conditions was denied. Can I appeal?

Answer: No, you cannot appeal but you have an opportunity to challenge the denial in Immigration Court.

Question: What happens when USCIS denies a petition to remove the conditions?

Answer: When USCIS denies I-751 (a petition to remove the conditions), the conditional resident status is terminated. Once the status is terminated, you will receive a notice to appear.

Question: What is a notice to appear?

Answer: A notice to appear is a document notifying you that the Department of Homeland Security (DHS) has initiated removal proceedings against you.

Question: Are removal proceedings the same as deportation proceedings?

Answer: Yes.

Question: What happens after I receive the Notice to Appear?

Answer: You will be scheduled (if not already scheduled) to appear before an Immigration judge. You can request that the Judge review your I-751 and determine whether it was properly denied. Also, you can claim other types of relief that may available to you. In order to determine the types of relief you may be eligible for, please consult with an immigration lawyer.

Question: I filed a joint petition to remove the conditions but my wife and I are having problems. Do I have a chance?

Answer: Yes, if you believe that you don't have a future with your spouse, seek divorce and file for a waiver of the joint filing requirement.

Question: Can I file I-751 without my wife/husband?

Answer: Yes, you can. It is called a waiver of the joint filing requirement.

Question: What are the chances of being approved If I request a waiver?

Answer: If you entered into the marriage in good faith, your chances are very good. Of course, you will have to provide evidence indicating that you entered the marriage in good faith.

Question: What evidence should I submit?

Answer: In cases where applicants/petitioners seek a waiver of the joint filing requirement, it is recommended that you submit as much evidence as possible. However, you should consult with an immigration lawyer before submitting an I-751 petition.

Evidence showing joint ownership such as joint car titles/or loans, joint mortgage notes, joint property deeds are always helpful. Also, copies of joint lease agreements, joint bank statements, joint credit card statements, joint utility bills, life insurance policies, etc. Of course, if you have children with your former spouse, submit copies of the birth certificates of all children born of the marriage/relationship.

In the event that you have been abused by your former spouse, please keep all evidence proving the abuse (police reports, medical reports, etc.). Again, consult an immigration lawyer before filing your petition to remove the conditions.

Question: I want to apply for a waiver of the joint filing requirement. Am I going to be interviewed?

Answer: It depends. The Service Center has the authority to waive the interview for applicants who have submitted sufficient evidence of their good faith marriage.

Question: Does my ex-wife/husband have to appear if I request a waiver of the joint filing requirement?

Answer: No, but it will be nice if she/he writes an affidavit in support of your Petition to Remove the Conditions.


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