I-751 waiver Denied

Asked almost 3 years ago - Hemet, CA

1- March 16, 2004 received conditional green card based on marriage to a U.S. Citizen.
2- March 29,2005 my wife sent a letter indicating that I entered into the marriage for the sole purpose of gaining entry into the US.( Retracted by a another letter on June 30,2005)
3- December 21, 2005 jointly filed I-751
4- December 01, 2009 I 751 jointly denied received a notice conditional resident status has been terminated
5- September 10, 2010 filed I-751 Waiver based on good faith marriage
6- November 08, 2011 I-751 waiver interview
7- February 02, 2012 received notice “conditional resident status has been terminated as of 02/02/2
My questions are:
What my chances are to stay legally before removal proceedings?
I am Christian Egyptian (asylum)
Get married?
Alternatively, any other option?

Additional information

yes Deborah, my marriage broke apart on 10/2007 but i keep getting i-551 stamp last one was 6/2009 valid to 6/2010 and i was not placed in removal proceedings,on I-751 waiver i submitted all kind of evidences from the wedding pictures with whole family to tax returns ,bank account and car and life insurance, i think they just overlook everything but focused on that letter she sent to USCIS because they mentioned on the termination notice.

Attorney answers (5)

  1. Neil F. Lewis

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Your waiver will be reviewed by an Immigration Judge in removal proceedings. In Florida there is a HUGE disconnect between the legal burden required by CIS and the Immigration Courts. Routinely in my practice denied I-751s are approved after review in court. If your marriage was real, you will win your green card. Speak with a good lawyer to figure out your other options.

    PS -- If you are a Christian Egyptian, odds are you are not going anywhere right now. : )

    I am a pretty smart guy, but I do not know everything. My answers here come from the knowledge I carry around in... more
  2. Deborah Lynne Karapetian

    Contributor Level 18

    Answered . This is interesting. You had your conditional status terminated twice in 2009 and 2012? And you went ahead and filed your 751 jointly and it took four years to adjudicate? I am assuming that your marriage broke apart prior to the 12/09 denial? Are you sure you were not already placed in removal proceedings?

    This ended up to be a messy case, but you need to immediately go to an attorney close to you to have them assess the situation and try to stop the madness. Hopefully you have a lot of joint documents in that waiver package from 2010.

    As others have stated, you will have an opportunity to fight this in Immigration Court, and if you have not already, you will receive a Notice to Appear placing you in removal proceedings and being requested to appear before an Immigration Judge.

    In LA - where I think you will end up fighting your case, the Judges are at least reasonable, and will listen to your story for the most part.

    As for asylum - maybe - it will be based on changed country conditions as you have been in the US for a long time. Possible with your country's problems. Marriage? Are you ready to marry again with a real bona fide marriage? If so then possible - but everything needs to be looked at carefully. Go with step one and have someone review your waiver case before you take any steps towards anything else. Good Luck!

  3. Debbi Lee Klopman

    Contributor Level 15

    1

    Lawyer agrees

    Answered . This is a very complex fact pattern for this forum. Please hire an experienced immigration attorney in your area and sit down and form a strategy. Good luck to you

    Debbi Klopman, ESq.
    398 Bergen Street
    Brooklyn, NY 11217
    www.debbiklopmanlawoffice.com
    dkny430@aol.com
    718 622 1208
    This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship

    Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com dkny430@aol.com 718... more
  4. Alexander Stuart Mulgrew

    Contributor Level 9

    Answered . Mr. Lewis is correct. In removal procedings you will be able to renew your petition to remove conditions and your request for a waiver of the joint petition requirement. In presenting your case to the immigration judge you will have a much better opportunity to have your case heard based upon it own merits. The USCIS administrative adjudications are very impersonal and often don't give your case the attention that it deserves. Hire an experienced attorney.

  5. Luis Alberto Guerra

    Pro

    Contributor Level 20

    Answered . First, your I-751 waiver will be reviewed by the immigration judge during removal proceedings. Second, once in removal proceedings you will be able to apply to other kind of relief, depending on your criminal and immigration records. Finally, do yourself a favor and hire an experienced immigration attorney.
    Sent on the Sprint® Now Network from my BlackBerry

    Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as... more

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