What if i-751 is denied...?

[Alexmat1 9]

On 10/6/2022 at 6:14 PM, mindthegap said:

No.

For that to happen, an NTA would have to be (eventually - it can take years) issued, and an immigration court hearing held, in which an immigration judge could issue a final order of removal, at which point you would no longer be a permanent resident.

 
Prior to that final order, you remain a permanent resident, and are entitled to proof of that status in the form of an i-551 stamp for purposes of work, travel and other benefits and rights afforded to any permanent resident. Besides yourself filing an I-407, an immigration judge is the ONLY person who can terminate your status. USCIS cannot (despite the wording of denial letters to the contrary) no matter much they like to think they can. 
 

Also, prior to that final order of removal you can file a new (or multiple) I-751s, all of which must be adjudicated before any hearing or final order of removal can be made. There is a very narrow scope for certain other petitions, such as an I-290B if  you felt that was applicable, and  
there are also other more complex avenues available such as a new i-130 if remarried for example. 

The above is not speculation, and has been tested and confirmed in case law and clarified in genco opinion 96-12. It is legal fact (as I personally can attest to, being in this exact situation). 

 

Don’t worry too much. And deal with what happens, if and when it happens. 

Perfect advice. I was looking for a USCIS directive or something from their website which states a conditional residents I-751 even when denied, they remain a LPR until a Immigration judge decides otherwise. Would you know where I can find this. Though your advise is correct, I cannot find anything on USCIS website.

[Alexmat1 9]

On 10/7/2022 at 7:12 AM, Mobius1 said:

 

This is just my opinion but its rare to see an i751 getting denied these days. Especially, if filed with a lawyer, there is a high chance of getting it approved without an interview. While divorce or WAVA waivers do invite extra scrutiny, still I have heard some of them being approved without interview.

 

In the end it comes down to your proof, which you mention you have a lot. I wouldn't worry about it. But if you really want to make sure nothing goes off during your travels, request a FOIA to see what most branches of the govt have on you and see if you can find anything concerning. Takes about 2-3 months, can be done online without a lawyer, and is free.

Can you use FOIA to get what CBP (Customs and Border Patrol) has on you ? Or is their database considered non public/sensitive and hence government can withhold providing any information about you ? 

[TBoneTX 47,492]

Old thread is now closed to further comment.  The most recent poster is welcome to start a fresh thread with the above questions.