30 Sep IF THE I-751 IS DENIED CAN I STILL GET AN ADIT STAMP TO WORK

You can generally still get an ADIT stamp (I-551) to work after an I-751 denial, provided you take action to challenge the denial or enter removal proceedings. Under U.S. immigration law, United States Citizenship and Immigration Services (USCIS) may terminate your conditional resident status upon denying Form I-751. However, you legally remain a Lawful Permanent Resident (LPR) until an immigration judge issues a final order of removal or you voluntarily surrender your residency. Because your status continues while your case is reviewed in court, you have the right to work and can request a temporary I-551 (ADIT) stamp as proof of your ongoing employment authorization.

How to Qualify for an ADIT Stamp After Denial

USCIS typically does not issue an ADIT stamp automatically after a denial because they consider the petition closed. To secure a new stamp, you generally need to show that your case is active in one of the following ways: [1, 2]

• Placement in Removal Proceedings: Once USCIS issues a Notice to Appear (NTA) and your case is referred to an immigration judge, you can request an ADIT stamp from USCIS to prove your legal right to work while your removal proceedings are pending.
• Filing an Appeal or Motion: If you file an appeal or a motion to reopen/reconsider (Form I-290B) within the strict 33-day window following the denial, your case becomes active again, which may allow you to obtain temporary evidence of your status.
• Refiling a New I-751: In many cases, if your initial joint petition was denied (for example, due to a divorce), you can immediately refile a new Form I-751 under a different category—such as a good faith marriage waiver—which generates a new receipt number and restores your eligibility for temporary status tracking.

Steps to Obtain the Stamp

To request an ADIT stamp, do not rely on your expired card and old I-751 receipt notice, as employers cannot accept them once the petition has been denied. Instead:

1. Contact USCIS: Call the USCIS Contact Center to request an “Evidence of Status” appointment (InfoPass). Explain clearly that your I-751 was denied, but you are either refiling, appealing, or awaiting your immigration court hearing.
2. Receive by Mail or In-Person: USCIS may print the ADIT stamp on a Form I-94 and mail it directly to your home address, or they may schedule an in-person appointment at a local field office to place the physical stamp inside your unexpired foreign passport.

Note: This is not legal advice.

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.