I-751 Denial & Immigration Court

Asked over 2 years ago - Chicago, IL

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I am aware that when an I-751 waiver is denied by USCIS and an NTA is issued, one has an option to renew the petition before the Immigration Judge. My questions are:

1. What exactly does "renew" mean?

2. What is the next step after an Immigration Judge approves this "renewd" / denied I-751 waiver? Do I have to file any motions or petition after the judge grant the LPR status or does one directly get the card in mail?

The reason I ask Q # 2 is beacuse I have come across something known as "Motion to Terminate Removal Proceedings", is that applicable to in the above scenario, where the case DOES NOT get sent back to USCIS, but the IJ approves it.


Thank you in advance.

Attorney answers (2)

  1. Contributor Level 14

    Answered October 10, 2010 08:17. If the immigration judge approves your I-751 petition in court, your case (along with the judge order) will have to be sent back over to USCIS, for them to process your green card. The judge's approval of your application effectively "terminates" removal proceedings, so there is no need for any other motions from you. It would be a good idea to hire an experienced immigration attorney to help you prepare and present your case before the judge. Let me know if I can help.

  2. Contributor Level 20

    Answered October 10, 2010 18:07. If you are not familiar with the immigration process or otherwise have concerns with your immigration case, it is imperative to contact an immigration lawyer to discuss your case.

    Immigration court proceedings can sometimes be overwhelming and your expectations may not be realized.

    If your I-751 is denied you will be deported if you do not have any other relief pending.

    Goodluck

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