When the I-751 is denied by the USCIS, the law requires that the alien will be placed in removal proceedings. In those proceedings the alien may renew the Petition to Remove Condition on Residence in Form I-751with the Immigration Judge. If the proceeding is initiated because the parties failed to file the I-751, the proceeding may be stayed (terminated) to enable the parties to file a late petition with the USCIS.
If the alien is placed in removal proceeding because of a denial of I-751 waiver of joint filing petition, the alien may file a new waiver application if he qualifies in any one of the other three waivers of filing joint petition. Aliens with conditional residence may be placed in removal proceedings in any of the following situations:
• Failure to file a joint petition to remove the condition on residence at the end of two year period.
• Failure to file an application for waiver to file joint petition.
• Failure of either spouse to appear for an interview on a joint petition.
• Failure of the conditional residence to appear for an interview on a waiver application.
• The joint petition or waiver application was filed but was denied by the USCIS.
If the conditional resident alien could not file a joint petition with his or her spouse, he or she may file a waiver of filing joint petition in any of the following situation:
• The marriage was entered in good faith but the spouse has died.
• The marriage was entered in good faith but the marriage has been terminated by divorce or annulment.
• The marriage was entered in good faith but the conditional resident has been battered or subjected to extreme cruelty by the US citizen spouse.
• Termination of conditional residence status and deportation would result in extreme hardship.
To avoid being placed in removal proceedings, the alien must consult with an immigration attorney regarding his or her options.
Note: This is not a legal advice.
Immigration news
• On September 22, 2011, we received an approval from USCIS for adjustment of status using cross chargeability that enabled the beneficiary to use the worldwide priority date (which is faster) instead of the Philippines priority date.
• On August 30, 2011, we received an approval from Immigration Court of an adjustment of status for an alien who was denied the adjustment of status from another attorney.
• On July 28, 2011, we received an approval of adjustment of status for an alien who entered the US without valid documents but qualified under Sec. 245(i).
• On July 21, 2011 we received an approval for withholding of removal in Immigration court for an old lady who could not come back to her country because of political situation.
• On June 28, 2011, we received an approval in Immigration Court for an adjustment of status. The applicant was previously denied on the I-130 petition because they did it without an attorney. We filed a second I-130 petition that was approved based on good faith marriage.
• On March 1, 2011, we received an approval of adjustment of status by an Immigration Judge for an alien who was originally denied adjustment of status based on petition by employer.
• On January 25, 2011, we received an approval of a self-petition by a battered spouse. Her entry with a different name was forgiven.
• On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but is actually married.
• On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.
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