Can You Appeal an I-751 Rejection?

An I-751 is the application used by conditional U.S. residents who are in the process of getting a green card based on marriage. They must file this form with U.S. Citizenship and Immigration Services (USCIS) in order to request that their conditional residence (which lasts for two years) be turned into permanent U.S. residence. The I-751 application must be filed within the 90 days leading up to the expiration date of the two years of conditional residence.

The application requires not only filling out the form, but supplying various documents to prove that your marriage is ongoing and bona fide; or else that, despite your marriage having ended or your spouse refusing to sign onto the petition, you qualify for permanent residence based on a waiver of the usual joint-filing requirement.

Unfortunately, many immigrants’ I-751 applications are denied. Common reasons include that they either failed to turn in their I-751 application on time or didn’t supply a convincing collection of documents to accompany the application. In the latter case, USCIS will usually give you a second chance, by sending a letter requesting more documents. If, however, you still can’t come up with enough proof to please the agency, your case will be denied.

If your case is denied, you will receive a letter from USCIS explaining the reason for the decision. That letter will also include a Notice to Appear (NTA) in immigration court for removal proceedings. (See 8 C.F.R. 216.4(d)(2).)

No Right to Appeal

Unfortunately, immigrants do not have the right to appeal a denial of their I-751 application -- at least not in the strict legal sense of the word “appeal,” which usually means that your case is reviewed by a higher court or body based on written materials. But you will have a chance to present your case again before the immigration judge, as you defend yourself against removal from the United States. If all goes well, the judge may grant you permanent residence. But be sure to get a lawyer’s help with this.

Also, if the reason for the denial was that you failed to turn in your Form I-751, you may be able to avoid removal proceedings altogether, by acting quickly. If you can get your I-751 turned in before your case is transferred to the immigration court, and you supply a good reason why you were late (backed up by documentary proof), your case may be approved without having to go to court.

Hire a Lawyer

You should immediately hire an immigration lawyer to help you deal with the denial of your Form I-751 or if you're confused by USCIS's requests for additional documents. The lawyer will analyze your case and explain your options.

Make sure to find a lawyer long before the court hearing date that USCIS sets for you. The lawyer will need time to review your case, suggest documents that you should collect, and perhaps help your friends and other contacts prepare affidavits supporting your claim for permanent residence.

Whatever you do, don’t miss your court date. Failure to attend will result in an automatic order of removal from the United States (deportation).