What Happens If The I-751 Is Denied?
What Happens If The I-751 is Denied?
Once the I-751 is denied, your status is a lawful permanent resident is terminated. Consequently, you are no longer authorized to work or travel. According to 8 Code of Federal Regulations (8 C.F.R.) section 216.4(d)(2), there is no administrative appeal to the USCIS Director for a denied I-751 petition. Instead, you are supposed to be issued a Notice to Appear (NTA) before an immigration judge where USCIS’s decision will be reviewed and you will be given the opportunity to renew your I-751 joint petition in front of the judge. However, if your marriage is still viable, there is no prohibition from filing another joint I-751 petition with USCIS prior to the issuance of the NTA. Likewise, if your marriage is no longer viable, you may file an I-751 petition with USCIS using one of the other categories listed on the form, assuming you can prove you are eligible for that category.
Contributed by Svetlana Prizant, an Award Winning New York Immigration Lawyer
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