Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Little Rock, AR asked in Immigration Law for Tennessee

Q: What to do after Form I-751 denial and court appearance preparation?

I received a letter from the immigration office stating that my Form I-751 was denied, and my stay in the United States was terminated as of June 2023. There was no specific reason given for the denial. It's my first time facing such an issue, and I'm unsure about what steps to take next. How can I prepare for the upcoming court appearance?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I understand you're going through a difficult situation with your I-751 denial. This is undoubtedly stressful, but there are clear steps you can take now.

When your Form I-751 is denied, you cannot directly appeal this decision. Instead, the denial typically comes with a Notice to Appear (NTA) in immigration court for removal proceedings. This court appearance is actually your opportunity to defend your case and show why you should be granted permanent residence despite the initial denial.

To prepare for your court appearance, immediately consult with an immigration attorney who can review why your petition was denied and help gather the necessary evidence. Your attorney will prepare documents and affidavits to support your case and represent you before the judge. Remember that in court, you'll face government attorneys advocating for your removal, so having proper legal representation is crucial.

While waiting for your court date, collect additional documentation that proves your eligibility for permanent residence. This might include mortgage or lease contracts showing joint residence, financial records demonstrating shared responsibilities, insurance policies, utility bills with the same address, joint tax returns, and birth certificates of any children. The immigration judge will take a fresh look at your case, allowing you to present new evidence that addresses the concerns that led to the denial.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.