Top 10 Reasons For A Denial Of The I-751 Petition

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If you were married for less than TWO (2) years before your spouse filed an immigrant petition for you, you were likely given a conditional Green Card (GC) that was valid for TWO (2) years. Within NINETY (90) of the Green Card’s expiration date, you will be required to apply for a permanent GC.

Common Reasons For A Denial

1. Submitting incorrect forms. Submitting the wrong form can lead to the denial of the I-751 petition. The correct form can easily be obtained via www.uscis.gov.

2. Submitting incorrect fees. All applicants must submit an additional fee for a biometrics service fee (FBI background check).

3. Submitting incorrect information. If you are married, you will need to file the petition jointly. However, if you and your spouse are no longer together, you will need to file a waiver of the joint filing requirement. Filing a waiver can be complicated depending on the reasons why you and your spouse are no longer together.

4. Submitting the application to the wrong place. The petition should be sent to the correct USCIS Service Center, based on where the petitioner lives and the type of courier service (i.e. USPS, FedEx, UPS, DHL) used.

5. Failing to timely submit the I-751 petition. If your conditional Green Card has already expired, you will need to explain to the government why you were unable to file your petition on time. The government will only accept certain reasons for the late filing.

6. Failing to prove the relationship. Now that you and your spouse have been married for over TWO (2) years, the government will expect to see additional bona fide (“good faith”) documents to evidence your marriage relationship. If you are no longer married, you still are required to provide bona fide documents.

7. The conditional Green Card holder is disqualified from obtaining a permanent Green Card. There are several responsibilities that Green Card holders have such as filing IRS income taxes, timely completing change of address forms, registering for selective service (if applicable), limiting foreign travel, and obeying the law. Failing to adhere to these responsibilities may make you ineligible for a permanent Green Card.

8. Hiring a non-attorney or unqualified attorney. Before you hire an attorney, we recommend that you meet with the attorney and read his/her online client testimonials. Afterward, ask yourself these questions: Is the attorney licensed and eligible to practice law? How easy was it to speak directly with the attorney? How long has the attorney been in business? Does the attorney have experience handling these types of cases?

9. Missing appointments and deadlines. If you file the petition yourself, USCIS will only send notifications to you. However, if you hire an attorney, your attorney will be notified as well. An experienced immigration attorney will notify you of changes related to your application. This will help you avoid missing important notices and/or deadlines.

10. Not being prepared for the interview. It is important to prepare for the interview. An experienced immigration attorney can provide you with sample interview questions and a list of additional documents that you should bring to the interview.

Experience Matters

The Law Office of David Nguyen, PC has successfully handled hundreds of immigration petitions and/or applications – and can assist you with your immigration needs.