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What to do if your Form I-751 is denied due to the lack of evidence

What to do if your Form I-751 is denied due to the lack of evidence

PUBLISHED ON: March 12

The denial of your Form I-751 doesn’t mean an end for your right to a permanent stay in the United States. An approved immigration petition and fulfilling the general requirements for status adjustment could be reached even if your I-751 petition is denied due the lack of evidence.

What happens if your Form I-751 is denied due to lack of evidence?

If your Form I-751 is denied due to lack of evidence, United States Citizenship and Immigration Services (USCIS) will send you a letter with an explanation of the reason for the decision, explaining the inadequacy of submitted documentation. This could be very helpful because it will enable your lawyer to prepare needed documents in the right way and get your case prepared in detail.

That letter of denial, in most cases, will be also followed by a Notice to Appear (NTA) in Immigration Court for removal proceedings (deportation).

In some cases, it is recorded that the denial of your I-751 mustn’t include a Notice to Appear, which means that you are not obliged to go to the Court and that you have an opportunity to refile your I-751 with a submission of an additional document that could approve your good-will marriage.

Another important detail is that you don’t have the right to appeal the denial of an I-751 petition. Still, there are a few solutions that could lead you to the approval of your I-751 petition, and the guidance and assistance of your lawyer before the Court will be the safest way of attaining the permanent Green Card.  

If you receive this denial you should immediately see our immigration lawyer team that will analyze your case and inform you about your options. After reviewing your case, the lawyer will advise you to collect additional documentation and prepare your family, friends, or other contacts with appropriate affidavits that could help you at the Immigration Court.

What to expect at the Immigration Court?

The very first approach to the Immigration Court means a possibility to submit new evidence on proving your marriage.  

Even if your I-751 petition is denied due to lack of evidence, you are still a permanent resident of the United States, and this could be proven with the temporary stamp in your passport issued by USCIS. Another benefit that stands on your side is that you should be ready to wait from two up to three years until your case is completed at a final hearing. Still, you should be aware that at the Court there will be a government attorney, and this is why the idea of having an immigration lawyer by your side who will convince the judge that your I-751 petition should be approved, is very good.

What evidence you can present at the USCIS or to the Immigration Court

Some of the documents that could help you overcome the denial of the I-751 form and provide them with more relevant evidence:  

  • Children’s birth certificates, born during the time of this marriage, if any
  • Mortgage or lease contracts showing that you leave together or have joint ownership of your communal residence;
  • Financial records that are showing joint responsibility for liabilities, joint savings, insurance policies, utility bills with the same home address, or joint installment or other loans.
  • Other documents that you consider relevant to prove your good-will marriage, such as family photos for example, or travel itineraries and hotel bookings from joint vacations or trips.
  • Affidavits from close people to you and your spouse. Those affidavits should be sworn and affirmed by at least two people who have known both of you since your conditional residence was approved. It is preferred that those people are very close to you because there might be a requirement to testify before an immigration officer in order to confirm all the information stated.

What could be Other Reasons for I-751 denial?

  • Late submission of your I-751 petition
    By the requirements of USCIS, your I-751 form should be submitted 90 days before the expiration date.  Late submission of your I-751 form leads to an immediate rejection of your application, sending your case to the Immigration Court that will proceed with deportation procedure.

If your application was submitted late, you will need to prove good reasons followed with strong evidence, and try to convince the judge that your reasons were justified. Some of the reasons could be connected to:

o   The recent birth of a child

o   Hospitalization,

o   Long term illness,

o   Death of a family member,

o    A family member on active duty at the U.S. military.

Once you have submitted your I-751 form, proving strong reasons why you were late, your application may be approved, and there will be no need for a further court proceeding.

  • Insufficient Documentation
    The above-mentioned list of the documents you can submit must cover the specified period of time, which is two years.
  • Lack of Bonafide Marriage
    USCIS could take another look at your application, starting back from the date that you originally filed for a marriage-based green card. By USCIS terms, “lack of a bona fide marriage” means that they consider that the marriage was never for real. This presumption could be made if the couple had stopped living together in the meantime. If the denial of I-751 is connected to so-called marriage fraud, you will have to present to Immigration Court all the aspects of your personal life that will in a very credible way convince it that your marriage is based on good-will intentions.
  • Unreported Criminal Activity
    If a background check reveals any information of a past criminal conviction, it may make you ineligible for admission to the United States. This would be reason enough for denying your I-751 petition and will be used against you during your deportation hearing.

If your Form I-751 is denied due to the lack of evidence, an immigration attorney could definitely be helpful in resolving your case before the Court.

The Chicago Immigration lawyers at Sverdloff Law will help you understand your legal options and assist you in fighting for your right to stay in the United States. Contact our Immigration lawyer at (312) 238-9090 or schedule a consultation, and learn the next steps for your case.

We also offer payment plans for our clients with financial concerns.

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