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