The I-751 application without the support of spouse was rejected with intent and finally rejected after being asked for a supplementary document, and the green card was officially approved after the I-290B reopening motion was filed
We will share a successful case about another complex I-751 approval.Our client was subjected to abuse in her marriage. Even though the client provided additional supplemental materials under USCIS's request, her I-751 was denied. The client hired the Law Offices of Sabrina Li after receiving her denial. We filed the I-290B, Notice of Appeal or Motion, on behalf of the client. Luckily, the client's I-751 was reopened and eventually approved.
The client was granted a conditional green card in 2015. She filed I-751 jointly with her husband to remove the conditions in September 2017. In 2019, USCIS scheduled an interview for the client and her spouse. However, the client's spouse refused to accompany her to the interview. The client had no choice but to go to the interview with USCIS alone. The client explained the relationship with her spouse to the immigration officer and informed the immigration officer of her spouse's domestic violence. After the interview, USCIS requested the client provide court documents related to domestic violence. The client responded to the RFE on time. However, after responding to the RFE, she received a Notice of intent to deny(NOID). Despite responding to the NOID again and providing more evidence, her I-751 was denied.
In the USCIS denial notice, the immigration officer noted that the client's application lacked evidence of living together as a couple, such as joint assets. And the evidence submitted was inconsistent. The immigration officer also emphasized that even if there was violence in the client's marriage, the client still had to prove her marriage was in good faith. Due to the lack of proof of a good faith marriage, the I-751 with her wavier request could not be approved. Upon receiving the denial letter, the client realized the complexity of her application and finally decided to have the Law Offices of Sabrina Li represent her case.
Our team believed that the immigration officer's decision was undoubtedly wrong. We filed a motion I-290B on behalf of the client in 2020, and the motion was approved two months later. USCIS reopened the client's case for further processing. In December 2021, the USCIS approved the I-751 petition after our numerous calls with the USCIS.
Usually, there is no appeal for the denial of an I-751. If your case is denied, you have different options depending on the circumstances of your case.1. If you receive a Notice to Appear (NTA), this means that removal proceedings have begun, and you have the opportunity to have your I-751 petition reviewed in court before an immigration judge.2. If your joint I-751 is denied, a new I-751 petition with a waiver request may be filed if eligible.3. Although there is no appeal for I-751, it is possible to file an I-290B, motion to reopen or reconsider with USCIS.