Navigating the complex U.S. immigration system can be daunting, especially when pursuing unique green card solutions like marriage to a U.S. Citizen. But what happens if your I-751 Petition to Remove Conditions gets denied?

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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.

How to Move Forward?

Form I-751 is used if you are a conditional permanent resident who obtained LPR status through marriage and want to apply to remove the conditions on your permanent resident status.

This is for those who have gotten the green card through their spouse. If they have been married for less than two years at the time that their petition was approved, they will then get a two year green card.

This two year green card has an expiration date on it, and it requires you to then jointly file a petition with your spouse to remove those conditions so that you can get the 10 year green card. The big difference is this: when your 10 year green card expires, you are still a lawful permanent resident. When your 2-year green card expires, you will go out of status, unless the government has granted you an extension.

So, let’s say your petition to remove these conditions is denied.

When this is denied and your Conditional Residency status had expired, you’re in a very precarious situation because at that point the government may issue you a Notice to Appear in immigration court. It will begin the removal process against you.

You can always refile this I-751 when you’re in immigration court and you could actually refile this a number of times until you get that approval.

Why Was Your I-751 Denied?

If your I-751 was denied, chances are that it happened because you failed to prove that the marriage is bona fide, or legitimate and entered in good faith. If you fail to meet this standard, the government will deny the petition.

There are steps you can take to amend this denial, but you have to ask yourself a few things first.

What is your relationship like?

What’s going on with your marriage? Are you guys on good terms? Are you not on good terms? Are you divorced? Are you headed to a divorce? – consider this, because that really does play a significant role in terms of what you should do next.

Sometimes, things fall apart. And when things fall apart and you’ve been denied of this I-751 petition, you’re going to need to be very strategic about how you handle that because ordinarily, you’re supposed to file this petition jointly with your spouse. Your spouse who is the petitioner signs off on this and attests that the marriage is good faith.

But if things are going badly in your relationship, that spouse’s probably not going to sign another petition for you. So, you’re not yet divorced, but the marriage is not working out well and your spouse will not do this for you. What then?

Well, you have to file this petition on your own – You have to self-petition. This is where working with an experienced immigration lawyer is essential because they will be able to craft a petition for you and get you on the best pathway to success moving forward. Our team of New York immigration lawyers at McBean Law deals with issues like this quite often, and we would be more than happy to assist you on your green card journey – contact us today to start on your path to success!

Can You Self-Petition?

If you self-petition, you will need to be in one of these categories. Keep in mind that this refers for those self-petitioners who are not divorced yet.

• VAWA (Violence Against Women Act) Self-Petitioner – You must be able to prove that you entered into a good faith marriage, but it did not work out because you were a victim of domestic violence at the hands of your partner who originally petitioned for you. You must provide evidence of extreme cruelty at the hands of your spouse, however difficult this may be. Take a look at out more in-depth blogpost regarding VAWA petitions.
• Extreme Hardship Self-Petitioner – You must be able to prove that you would suffer extreme hardship if your Conditional Residency status were to be terminated and if you were to be removed or deported.

If you are divorced and want to self-petition, there are ways you can go about this as well.

• Divorce Finalized – You should submit your I-751 along with your divorce decree.
• Divorce Still In Progress – If you are still going through the divorce process, you can submit the divorce decree after your I-751 has already been filed. The government may extend your status while they look at your petition if you’ve submitted a strong packet and provided evidence that your divorce is in progress.

Planning Your Roadmap to Success

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.