What Happens if My I-751 Is Denied?

Filing Form I-751, Petition to Remove Conditions on Residence, is a required step for conditional Green Card holders who received their status through marriage. This form allows you to remove the two-year condition and become a lawful permanent resident.

If the U.S. Citizenship and Immigration Services (USCIS) denies your I-751 petition, it can affect your status immediately. Understanding what denial means and what steps to take next is important to protect your legal rights and future immigration options.

Why I-751 Petitions Get Denied

USCIS denies I-751 petitions for several reasons, usually related to missing evidence or questions about the validity of the marriage. The most common causes include:

• Not providing enough proof of a bona fide marriage.

• Submitting incomplete or inconsistent documentation.

• Failing to attend a required interview.

• Late filing without a valid reason.

• Divorce before petition approval without a proper waiver request.

• Evidence suggesting marriage fraud or misrepresentation.

To learn more about conditional residence and the filing process, visit Removing Conditions on Residence (I-751).

What Happens After an I-751 Denial

If your I-751 is denied, your conditional Green Card status ends immediately. USCIS will issue a written denial notice that explains the reason for rejection and refers your case to Immigration Court.

At that point, you enter removal proceedings before an immigration judge. However, this also gives you another opportunity to present your case. You can ask the judge to review your petition and evidence to prove your eligibility for permanent residency.

During this stage:

• You remain legally in the U.S. while your case is pending in court.

• You can present additional evidence or updated documents.

• You have the right to legal representation before the judge.

If the immigration judge approves your case, the conditions are removed, and you will receive a 10-year Green Card.

Options After an I-751 Denial

Depending on your situation, you may still have several legal options:

1. Refile Form I-751 with a Waiver 

If your denial was related to divorce, abuse, or the death of your spouse, you can refile with a waiver. USCIS allows applicants to file individually without their spouse if they meet one of the following criteria:

• The marriage was entered in good faith but ended in divorce or annulment.

• You or your child were subjected to abuse or extreme cruelty by your U.S. citizen or permanent resident spouse.

• Termination of permanent residence and removal would cause extreme hardship.

Victims of abuse may also qualify for protection under VAWA (Violence Against Women Act – Self-Petition).

2. Seek Legal Review in Immigration Court 

You can defend your case during removal proceedings. Present updated documents, new evidence, and testimony that support your original petition. Legal representation is strongly recommended during this step.

3. File for Alternative Relief 

If you no longer qualify through marriage, explore other immigration pathways such as Asylum, U Visa, T Visa, or SIJ Status, depending on your situation.

How to Prevent I-751 Denial

Strong preparation is the best protection against denial. To reduce risk:

• File your petition within the 90-day window before your conditional card expires.

• Submit clear and organized evidence of a real marriage, such as:

  • Joint bank accounts and tax returns

  • Shared property or lease documents

  • Photos and travel records together

  • Birth certificates of children (if applicable)

• Keep copies of all forms and receipts.

• Respond to USCIS Requests for Evidence (RFEs) promptly.

• Prepare thoroughly for your interview.

If your marriage ends before approval, speak with an immigration attorney about your options for a waiver or alternate relief.

What If You Receive a Notice to Appear (NTA)

If your I-751 is denied, USCIS usually issues a Notice to Appear in Immigration Court. Do not ignore it. Failing to appear can result in an automatic removal order.

At this stage, contact an attorney immediately. A legal representative can help prepare your defense, submit a new petition if eligible, or negotiate relief options before the court.

How T.P.L. Global Can Help

T.P.L. Global, founded by Attorney Tejas G. Patel, represents clients facing I-751 denials and removal proceedings. The firm helps conditional residents rebuild their cases with strong evidence, legal strategy, and clear communication.

The team also assists with related immigration matters including Green Cards, Spouse & Fiancé(e) Visas (IR/CR-1, K-1, K-3), Parents, Children & Siblings, Visitor Visas, and citizenship through U.S. Citizenship & Naturalization.

If you received an I-751 denial notice, time is critical. Contact T.P.L. Global today to review your case and protect your immigration status.