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What Happens If My I-751 Is Denied?

You can ask USCIS to remove the conditions on your permanent residence by filing an I-751 petition. You may be eligible to file an I-751 if you are still married to the same U.S. citizen or lawful permanent resident after two years. If your children received conditional status at the same time that you did, or within 90 days, you can include your children on the same petition. A child also may be eligible for this relief if he or she cannot be included on a parent’s application for some reason. You also may be eligible for this relief if you entered into a marriage into good faith, but your spouse died, your marriage ended in divorce or annulment, or either you or your child were battered or subjected to extreme cruelty by your U.S. citizen or lawful permanent resident spouse, or for reasons of extreme hardship. If USCIS denies your I-751 petition, you do not have the right to appeal that decision. However, you can challenge the denial of your petition in immigration court. The denial of your petition results in the termination of your conditional resident status. As a result, you will receive a notice to appear in immigration court. The main reason for an I-751 denial is that USCIS believes that you committed marriage fraud. If you are accused of immigration fraud, contacting an experienced California immigration attorney as quickly as possible should be your first step in fighting back against these charges. By immediately taking steps to defend yourself against false allegations of fraud, you have a better chance of building a strong defense case and avoiding removal. Call Landerholm Immigration, A.P.C., at (510) 491-0291 to set up an appointment and learn how we can help if immigration authorities have wrongly accused you of fraud.

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