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.

For a free first time legal consultation please call Prizant Law at 718-407-0871.