Shihab Burke LLC Immigration Lawyers helps conditional residents after USCIS denies Form I-751, the petition to remove conditions on a two-year green card. Our Columbus I-751 denial lawyers review the denial and prepare a motion to reopen or reconsider or a new petition with a waiver. From our offices in Columbus and Dublin, Ohio, we serve conditional residents in the Columbus area, throughout Ohio, and across the United States.
Highlights
- A denied Form I-751 ends conditional permanent resident status.
- There is no appeal of an I-751 denial to a higher USCIS office.
- A motion to reopen or reconsider may be filed with USCIS, usually within 30 days of the denial, or 33 days if the denial was mailed.
- In some cases, a new I-751 petition with a waiver can be filed.
- USCIS usually issues a Notice to Appear, and an immigration judge can review the I-751 in court.
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What Happens When Form I-751 Is Denied?
When U.S. Citizenship and Immigration Services (USCIS) denies Form I-751, the person’s conditional permanent resident status ends. The green card and the receipt notice that extended it can no longer be used as proof of status.
A person whose I-751 was denied can ask USCIS for temporary proof of permanent resident status while an immigration judge reviews the case, unless there is a final removal order.
USCIS usually issues a Notice to Appear (NTA). A Notice to Appear is the document the government uses to start a case in immigration court. In court, an immigration judge can review the I-751 petition again. A person who receives a Notice to Appear should speak with a removal defense attorney right away.
Our Approach
Before we file a motion or a new petition, we review your entire case, including, for example, the denial notice and your evidence for the full conditional period, so you can take the right next step with confidence.
“…went much deeper than expected to get the evidence for eligibility and filed our MTR with confidence, getting my case approved.”
— Google review
Talk with a Columbus I-751 denial lawyer: 866-665-0001.
Why Are I-751 Petitions Denied?
Common reasons for an I-751 denial include:
- Not enough evidence that the marriage was real when it began
- Different answers from the spouses at the interview
- A missed interview or biometrics appointment
- No response, or an incomplete response, to a Request for Evidence
- No final divorce decree by the time USCIS decided a divorce-based waiver
- Concerns that the marriage was entered only for immigration benefits
Can a Denied I-751 Be Reopened or Reconsidered?
Yes, in some cases. A motion to reopen or reconsider can be filed with USCIS on Form I-290B, Notice of Appeal or Motion.
- A motion to reopen presents new facts, with documents, that USCIS did not have.
- A motion to reconsider explains how USCIS applied the law incorrectly to the evidence it had.
A motion must usually be filed within 30 days after the denial, or 33 days if the denial was mailed. Learn more about motions on our denied green card page.
Can I File a New I-751 With a Waiver?
In some cases, yes. A conditional resident may be able to file a new Form I-751 asking USCIS to waive the joint filing requirement. For example, a person whose divorce is now final may file a new petition based on a good-faith marriage that ended in divorce.
If the case is already in immigration court, the timing and the right filing office need careful review. Learn more about waivers on our I-751 removal of conditions page.
What Are the Government Fees After an I-751 Denial?
We update this information regularly, but government filing fees have changed frequently in recent years. The amounts below are provided for general information only and should not be relied on for a filing. For every case we file, our office calculates the applicable government fees and informs the client of the exact amounts at the time of filing.
| Form or Service | Government Fee |
|---|---|
| Form I-290B, Notice of Appeal or Motion | $800 |
| New Form I-751, Petition to Remove Conditions on Residence | $750 by mail; $700 online |
Current amounts are listed on the USCIS fee schedule (Form G-1055) and on the Department of State’s Fees for Visa Services page.
How Our Columbus I-751 Denial Lawyers Help
After an I-751 denial, careful review comes first. We review, for example, the denial notice, the evidence filed, the interview record, any change in the marriage, and whether a waiver now applies. We then give you an honest assessment of whether a motion or a new petition makes sense. This approach does not guarantee a result, but it helps you choose the right next step quickly.
We:
- Review the denial and explain the options
- Calendar the motion deadline
- Prepare a motion to reopen or reconsider, with evidence and legal argument
- Prepare a new I-751 petition with a waiver when that is the better path
- Explain what the denial means for work, travel, and status
Every family case is different. At the consultation, we review your situation, explain what our representation will cover, and quote a fee. Most cases are handled for a flat fee.
Frequently Asked Questions About I-751 Denials
Can I appeal an I-751 denial?
There is no appeal of an I-751 denial to a higher USCIS office. A motion to reopen or reconsider may be filed with USCIS, and an immigration judge can review the petition if a removal case begins.
Can I work after my I-751 is denied?
A person whose I-751 is denied loses conditional permanent resident status. The person can ask USCIS for temporary proof of permanent resident status while an immigration judge reviews the case, unless there is a final removal order. The person should speak with a lawyer before working or traveling.
Can I travel after an I-751 denial?
Travel after an I-751 denial is risky, because the green card can no longer be used as proof of status. The person should speak with a lawyer before any travel.
What if my divorce was not final when I filed the waiver?
A divorce-based waiver requires a final divorce decree. USCIS often asks for the decree when the divorce was still pending at filing. If the waiver was denied because no final decree was provided, a new I-751 petition with a waiver may be possible once the divorce is final.
What happens in immigration court after an I-751 denial?
In immigration court, an immigration judge can review the I-751 petition again and decide whether the conditions should be removed. A person who receives a Notice to Appear should speak with a removal defense attorney right away.
What if my conditional green card and extension letter have expired?
A conditional resident whose card and extension letter have both expired can ask USCIS for temporary proof of status, usually a stamp in the passport, while Form I-751 is pending or while an immigration judge reviews a denial. A person whose I-751 was denied should speak with a lawyer right away. Learn more on our I-751 removal of conditions page.
Related Videos and Articles
- Removal of Conditions for Spouses (article)
- Having a Case Reopened or Reconsidered (article)
- Deportation for Denied Cases (video)
Talk With a Columbus I-751 Denial Lawyer
Our Columbus office is at 4449 Easton Way #200, Columbus, OH 43219. Our Dublin, Ohio office is at 565 Metro Pl S #100, Dublin, OH 43017. Both offices are open by appointment only, Monday through Friday, 9 a.m. to 5 p.m.
Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
