What if I am denied?

[ssconway 0]

Hi all. I just realized that I have been so caught up in the details of my I-751, I really don't understand much about the possible outcomes. I got my conditional greencard thru marriage, but we separated shortly thereafter. I applied for my conditions to be removed jointly, although I explained that we have seperated. So, I got an interview request (in 2 weeks!) and am trying to figure out what to do.

My husband is willing to fly here for the interview, which is supercool.but I still have a few issues:

What happens if my petition is denied? Will they deport me? Or can I apply for a renewal on my conditional GC (Like some guy on the immigration help line said) and either appeal the decision or try applying again later.

So sorry if I am asking a retarded question.

Thanks in advance to anyone who can help!!!

Oh, and one last thing. I lost my conditional greencard and have not yet applied to replace it, since it's expired anyhow, I guess I just assumed they'd issue me a new 10yr one after this. Im starting to think I'm a complete idiot!

[Bobby+Umit 161]

are you divorced now? or just seperated?

(yikes - greencard is your proof of your "legal" status)

And - did you file before your card expired?

Edited April 22, 2009 by Bobby_Umit

[Ree 9]

If your divorce is not final yet and your husband is willing to appear at the interview, you have a great chance to be approved. I've seen a couple of other threads here on VJ where people had the same situation as you, and they were approved.

[ssconway 0]

Hey,

Well, I am certain I am 'legal' right now - people do lose these things (we had a flood) and I should apply to renew/replace it (I-90). Although my actual card was expired, my conditional perm resident status was extended for a year when they accepted my I751 pkg. Given that it's like 300$ to file the I-90, should I now just wait for my interview (which is in 2 weeks)? Or apply and bring the reciept to show that I have sent away for it.

Does anyone know what happens if you are denied (I-751). I am still a conditional resident for another 4 months, so they wouldn't deport me, would they? This guy on the phone told me that, in theory, I could stay a conditional resient forever if I keep renewing my card. Does anybody know the real story of what happens if your I751 petition is denied?

Thanks again!

[Ree 9]

Does anyone know what happens if you are denied (I-751). I am still a conditional resident for another 4 months, so they wouldn't deport me, would they?

Your current status is based on your pending I-751. If your I-751 is denied, you can not use your extension letter because this petition is not pending anymore.

[Krikit 1,164]

Moving to Major Changes forum.

[Bobby+Umit 161]

Hey,

Well, I am certain I am 'legal' right now - people do lose these things (we had a flood) and I should apply to renew/replace it (I-90). Although my actual card was expired, my conditional perm resident status was extended for a year when they accepted my I751 pkg. Given that it's like 300$ to file the I-90, should I now just wait for my interview (which is in 2 weeks)? Or apply and bring the reciept to show that I have sent away for it.

Does anyone know what happens if you are denied (I-751). I am still a conditional resident for another 4 months, so they wouldn't deport me, would they? This guy on the phone told me that, in theory, I could stay a conditional resient forever if I keep renewing my card. Does anybody know the real story of what happens if your I751 petition is denied?

Thanks again!

Short answer if your I-751 is denied: (via LexusNexus)

Once the I-751 is denied, your status as a lawful permanent resident is terminated. Consequently, you are no longer authorized to work or travel. According to 8 Code of Federal Regulations (8 C.F.R.) section 216.4(d)(2), there is no administrative appeal to the USCIS Director for a denied I-751 petition.

Instead, you are supposed to be issued a Notice to Appear (NTA) before an immigration judge where USCIS's decision will be reviewed and you will be given the opportunity to renew your I-751 joint petition in front of the judge.

However, if your marriage is still viable, there is no prohibition from filing another joint I-751 petition with USCIS prior to the issuance of the NTA. Likewise, if your marriage is no longer viable, you may file an I-751 petition with USCIS using one of the other categories listed on the form, assuming you can prove you are eligible for that category.

If you have additional questions or concerns, it would be wise for you to consult with an immigration attorney who has extensive experience handling I-751 petitions because there are a lot more issues than that discussed above

Edited April 22, 2009 by Bobby_Umit