Removal of Conditions

Frequently Asked Questions & Answers

16. How can I appeal a denial of my Removal of Conditions petition?

If your Form I-751 is denied by the USCIS you will receive a notice explaining the reasons for the denail. you will also be placed in removal proceedings and your file will be referred to an Immigration Judge. During the removal proceedings you will have an opportunity to present your case to the Immigration Judge. The USCIS must prove tha the facts in your application were untruthful and/or that your application was properly denied. The Immigration Judge can grant your application, removing the conditions and restoring your permanent residence, or he can deny it and order you removed. If the Immigration Judge denies your application you may appeal that decision to the Board of Immigration Appeals. A brief explanation may be filed in support of your appeal. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.