Form I-751

I-751 Denial: What It Means and What to Do Next

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If you’ve received a denial notice for Form I-751, the Petition to Remove Conditions on Residence, you’re likely feeling overwhelmed and uncertain about your next steps. Unfortunately, an I-751 denial can lead to removal proceedings but in many cases, it can also be successfully challenged or reopened with the right legal strategy. If you’re asking:

“Why was my I-751 denied?”,
“Why my I-751 denied after RFE?”
“How to file I-751 after divorce”
“What happens if I-751 is denied?”
“Can I stay in US after I-751 denial?”
“Can I refile I-751 after denial?”
“How to reopen I-751 case?”
“I-751 denied what are my options?”

You are not alone. In this article, we’ll explain:

  • Why Form I-751 may be denied
  • What happens after a denial
  • Your legal options (appeals, motions, new filings)
  • How to prevent denial if your case is still pending

Why Was My I-751 Denied?

USCIS may deny your I-751 petition for several reasons. Some of the most common include:

  • Lack of evidence of a bona fide marriage
  • Divorce or separation before filing
  • Missed interview or RFE (Request for Evidence)
  • Late filing without a valid excuse
  • Allegations of marriage fraud
  • Incomplete or incorrect documentation

Even if your marriage was genuine, a weak petition package or failure to respond to a USCIS request can result in a denial.

What Happens If My I-751 Is Denied?

If your I-751 is denied, you could be issued a Notice to Appear (NTA) in immigration court. At this point, you are considered to be in removal proceedings but that doesn’t mean you’ll be deported. You’ll have a chance to defend your case in front of an immigration judge, and in many situations, your green card case can still be salvaged.

The judge may allow:

  • A new I-751 waiver filing (if divorced or abused)
  • Review of a wrongly denied joint petition
  • Submission of additional evidence to support your case

Can I Appeal or Refile After an I-751 Denial?

While there is no formal appeal to the I-751 decision through the Administrative Appeals Office (AAO), you still have several legal options depending on your case:

  1. Motion to Reopen or Reconsider: If you believe USCIS made a legal or factual error.
  2. Re-filing with better evidence: Especially in waiver-based or divorce situations.
  3. Defending your case in Immigration Court: You may still be able to get permanent residency through the court process.

This is the time to speak with us to identify the strongest path forward. USCIS scrutinizes I-751 filings closely so the quality of your documentation is crucial.

How to prevent denial if your case is still pending

If your I-751 petition is still pending, you can take important steps to lower the risk of denial:

  • Get professional legal support: We can spot weaknesses, build persuasive arguments, and present your case in the best possible light.
  • Address complications early: If you are divorced, separated, or have gaps in your evidence, take proactive steps now to strengthen your case before USCIS raises concerns.
  • Be fully prepared for your interview: Understand what officers look for, organize your documents carefully, and make sure your answers are consistent and truthful.

Turn a I-751 Denial Into a Green Card Approval With Our Help

If your I-751 petition has been denied, don’t assume your case is over. We’ve helped many clients reverse denials, refile stronger petitions, appeal the decision and win their case. Whether you filed jointly or as a waiver, we know how to build a compelling argument backed by evidence and legal insight.

Contact our office at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll review your denial, explain your options, and help you take the right next step to protect your green card and future in the U.S.

Marriage Green Card: From Conditional Resident (CPR) to Permanent Resident (LPR)

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If you were granted conditional resident status through marriage to a U.S. citizen or permanent resident, you will need to petition to remove the conditions before you can obtain your permanent green card.  This petition is typically made in the last 90 days of the two year anniversary of obtaining your conditional green card.

If you are still married at this time, you may petition jointly with your spouse.  If you are separated, divorced or your spouse will not jointly petition with you, you must fall into one of the following categories to self petition:

1. You entered the marriage in good faith, but your spouse subsequently died;

2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;

3. You entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or

4. The termination of your status and removal would result in extreme hardship.

The most common situation where a joint petition cannot be filed is where there is a problem with the relationship and the couple is separated and is either in the process of divorcing or is already divorced.  The USCIS will not approve a self petition under the second category above unless the couple’s divorce is finalized at the time of the I-751 interview.  However, this does not mean that the self petition cannot be filed before the divorce is final.  The petition must be filed before the second anniversary of the issuance of the conditional green card.

In the case where the divorce has not been finalized and the deadline is approaching, you may file your self petition and then finalize the divorce.  Processing times are generally about 6 months and if a divorce cannot be finalized in that amount of time, you may be able to obtain an extension.  However, if that extension cannot be obtained or your divorce proceedings drag on, your conditional resident status will be terminated and a Notice to Appear (NTA) will be issued and you’ll have to continue your petition before an Immigration Judge or be removed from the United States.

Recent USCIS regulations will allow the conditional resident who filed a joint petition with his or her spouse to later amend the petition to be  a self petition where the couple separates prior to the I-751 interview.  USCIS will allow up to 87 days to finalize the divorce.