What Happens if Form I-751 Is Denied?
If your Form I-751 (Petition to Remove Conditions on Residence) is denied, the consequences are serious. A denial means that USCIS has determined you are no longer eligible to remain in the U.S. as a conditional permanent resident. As a result, your conditional green card status is terminated, and you may face removal (deportation) proceedings.
Here’s what typically happens after a denial:
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Termination of Status:
Your conditional permanent resident status is officially terminated as of the date of the denial.
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Notice to Appear (NTA):
USCIS will usually issue a Notice to Appear (NTA), which places you in removal proceedings before an immigration judge.
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Immigration Court Hearing:
You’ll be required to appear before a judge, where you will have the opportunity to present your case, provide additional evidence, and possibly challenge the denial.
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Opportunity to Reassert Eligibility:
Even in court, you may still prove that your marriage was bona fide, or that you meet other waiver grounds (such as extreme hardship, divorce, or abuse), depending on your original petition.
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Risk of Deportation:
If the judge also finds you ineligible for permanent residency, you could be ordered removed from the U.S.
Also, read >> What Evidence Is Needed for Removal of Conditions in I-751?
What Should You Do If I-751 Is Denied?
- Consult an experienced immigration attorney immediately. They can review the reasons for denial, represent you in immigration court, and explore possible options for appeal or re-filing.
- Act quickly. The timeline to respond or appeal is limited once the denial is issued.
- Gather strong evidence. If your case goes to court, having detailed documentation of your marriage or qualifying waiver conditions is crucial.
Final Thoughts
A denial of Form I-751 does not always mean immediate deportation, but it does trigger serious consequences. You’ll have a chance to defend your case in immigration court, but legal guidance is essential at this stage. The best strategy is to submit a strong, well-documented petition upfront to avoid reaching this point.
