Form I-751 Denials and Immigration Court

If your I-751 was denied by USCIS, your case will be referred to the immigration court. You will need an experienced and knowledgeable attorney to represent you and persuade the immigration judge that your I-751 should have been granted. Contact Nelson & Nuñez, P.C. to schedule a confidential consultation. Nelson & Nuñez, P.C. will discuss your case with you and explain your options thoroughly.

If USCIS denies your I-751 application, which is meant to remove conditions on your permanent residency, your case will be referred to immigration court for deportation proceedings. Here’s what typically happens next:

Referral to Immigration Court: The case moves to immigration court regardless of whether the I-751 was a joint petition with your spouse or a waiver petition. The immigration judge will review the denial of your I-751.
Representation: It is crucial to have an experienced attorney to represent you in immigration court. An attorney can help present evidence and argue that your I-751 should have been approved. Nelson & Nuñez, P.C. offers consultations to discuss your case and explore your options.
Burden of Proof:
- Joint Petition: If the I-751 was filed jointly, the government must prove that the marriage was not entered into in good faith. The government attorney has the burden of showing that the marriage was fraudulent, using a preponderance of the evidence. They must provide the court with the administrative record, including the I-751 petition, supporting documents, and USCIS’s decision. The USCIS examiner may be called as a witness if requested by the judge or you.
- Waiver Petition: For waiver petitions, the adjudication is discretionary. The Attorney General has the authority to determine the credibility and weight of evidence presented. The decision on a waiver petition is based on discretion, rather than strict factual correctness.
Outcome and Appeals: If the immigration judge agrees with the USCIS denial and finds the marriage was not bona fide, you can appeal the decision to the Board of Immigration Appeals (BIA).
Divorce or Separation:

Joint Petition Denial: If the I-751 was filed jointly and the couple has since divorced, you will need to file a new I-751 with USCIS, as the immigration judge does not have jurisdiction to adjudicate I-751 petitions. The judge will typically continue the deportation proceedings to allow USCIS time to process the new petition.

Waiver Petition: Even if you are in removal proceedings, you must file a waiver petition with USCIS, as the immigration judge can only review the denial, not adjudicate new petitions.
Navigating these proceedings requires careful legal guidance, so contacting a knowledgeable attorney like those at Nelson & Nuñez, P.C. is essential to ensure that your rights and interests are effectively represented.

How Nelson & Nuñez, P.C. Can Help

Contact Us for I-751 Denial Help:

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Date I-751 was Filed *

Date of I-751 Denial *

Did you and your spouse file the I-751 jointly?: *

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Are you and your spouse still married and living together?: *

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Have you received a Notice To Appear in Immigration Court for Deportation Proceedings Yet?: *

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Jay, Thank you for helping my wife and me through the green card process. We appreciated that you worked closely with us and always had time to answer our questions and hold our hands through the process. I was glad that we only worked with you as you promised. I will highly recommend you to any friends of ours that need an immigration attorney. Thanks.
- Brian B.