11 Feb Denial of I-751 Petition may place you in removal proceeding
When the I-751 is denied by the USCIS, the law requires that the alien will be placed in removal proceedings. In those proceedings the alien may renew the Petition to Remove Condition on Residence in Form I-751with the Immigration Judge. If the proceeding is initiated because the parties failed to file the I-751, the proceeding may be stayed (terminated) to enable the parties to file a late petition with the USCIS.
If the alien is placed in removal proceeding because of a denial of I-751 waiver of joint filing petition, the alien may file a new waiver application if he qualifies in any one of the other three waivers of filing joint petition. Aliens with conditional residence may be placed in removal proceedings in any of the following situations:
- Failure to file a joint petition to remove the condition on residence at the end of two year period.
- Failure to file an application for waiver to file joint petition.
- Failure of either spouse to appear for an interview on a joint petition.
- Failure of the conditional residence to appear for an interview on a waiver application
- The joint petition or waiver application was filed but was denied by the USCIS.
If the conditional resident alien could not file a joint petition with his or her spouse, he or she may file a waiver of filing joint petition in any of the following situation:
- The marriage was entered in good faith but the spouse has died.
- The marriage was entered in good faith but the marriage has been terminated by divorce or annulment.
- The marriage was entered in good faith but the conditional resident has been battered or subjected to extreme cruelty by the U. S. citizen spouse.
- Termination of conditional residence status and deportation would result in extreme hardship.
To avoid being placed in removal proceedings, the alien must consult with an immigration attorney regarding his or her options.
Note: This is not a legal advice.