I751 DENIAL And NEW USCIS NTA Policy
11 March 2025Navigating the complexities of U.S. immigration law is challenging, especially for conditional permanent residents seeking to remove conditions on their residency through Form I-751. A recent policy update by U.S. Citizenship and Immigration Services (USCIS) has heightened the stakes: denial of Form I-751 now leads to the issuance of a Notice to Appear (NTA), initiating removal (deportation) proceedings.
Understanding Form I-751 and Its Importance
Conditional permanent residency is granted to individuals married to U.S. citizens or lawful permanent residents for less than two years at the time of obtaining residency. To transition to full permanent residency, filing Form I-751, Petition to Remove Conditions on Residence, is mandatory. A denied I-751 petition not only results in the loss of conditional resident status but also triggers removal proceedings.
Strategies to Prevent I-751 Denial
Avoid Late Submission
- Timely Filing: Submit Form I-751 within the 90-day window before your conditional green card expires. Late submissions without valid reasons can lead to immediate denial. However, there is no timeframe to submit waiver-based I-751!
Prepare a Comprehensive Petition
- Evidence of a Bona Fide Marriage: Provide ample documentation demonstrating the authenticity of your marriage, such as joint financial records, property leases, insurance policies, and photographs. If the I-751 is waiver-based, you need to present evidence proving the basis for it: real marriage, divorce, VAWA, or hardships.
- Respond Promptly to USCIS Requests: If USCIS issues a Request for Evidence (RFE), address it thoroughly and within the specified timeframe to avoid abandonment of your petition.
Prepare Diligently for the USCIS Interview
USCIS may call you for an interview in connection with the I 751 petition
- Understand the Process: Familiarize yourself with the interview procedure and potential questions.
- Consult an Experienced Attorney: An immigration lawyer can provide guidance tailored to your situation, helping you present your case effectively.
The Following Situations Will Likely Cause I-751 Denial:
- Having a child from a person who is not your spouse
- Maintaining separate residencies
- Failure to commingle finances
- Failure to present photographs together over the course of the marriage
- Failure to attend the I-751 interview
- Failure to file joint tax returns
Immediate Actions Following an I-751 Denial
Refile Form I-751 Promptly
- Identify Reasons for Denial: Carefully review the denial notice to understand USCIS's concerns.
- Address Issues in a New Petition: Rectify the shortcomings identified in the initial petition and gather additional supporting evidence before refiling.
Prepare for Removal Proceedings
- Understand the NTA: An NTA signifies the commencement of removal proceedings, requiring your appearance before an immigration judge. You may have certain choices available in removal proceedings: VAWA cancellation of removal, waiver, adjustment of status, etc.
- Legal Representation: Engage a skilled deportation lawyer to represent you in court, present evidence, and argue your case effectively.
Practical Tips and Real-Life Examples
- Documentation: Maintain organized records of joint financial accounts, property ownership, and other shared responsibilities to substantiate the legitimacy of your marriage. Collect things like joint bills, notices, junk mail, invitations, and even text messages and call logs.
- Legal Guidance: Consulting with the best I-751 attorney can significantly improve your chances of a favorable outcome, both during the initial petition and in court proceedings.
Conclusion
The denial of Form I-751 carries severe consequences, including potential deportation. Proactive measures—such as timely and thorough petition preparation, prompt responses to USCIS inquiries, and securing experienced legal representation—are crucial. By understanding the process and preparing diligently, you can navigate the complexities of the immigration system more effectively.
For personalized assistance with your I-751 petition or representation in removal proceedings, contact the Law Office of Alena Shautsova. Our experienced immigration lawyers are dedicated to guiding you through these challenges.