If I get denied on my I-751 while I am in my country of birth can I reopen my case?

Asked over 1 year ago - Fort Lauderdale, FL

I came here as a tourist with my mother at the age of 13 from Germany but ended up staying . AT the age of 15 my mom met an American Citizen who she married when I was 17 years old.. We went through the process and I received a 2 year conditional green card at age 18, but my mother never received anything because she triggered a ten-year bar persuant to INA and 212(a)(9)(B)(v) because she overstayed her 90 days with me twice.! She filed for the form I-601 twice (waiver of inadmissibility), but was not accepted. She is still happily married to my step dad. 90 days before my conditional 2 year card expired I filed for my I-751. I am going to Germany for 3 month in June. Can I reopen my case in Germany if I get denied or will I be out of luck? Is it easier to do it from you home country?

Attorney answers (4)

  1. Michael Hugh Carlin

    Contributor Level 18

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    Answered . When did you file the I-751? You should have the receipt for the I-751, which indicates that your status as permanent resident is extended for one year from the date of the receipt. BEFORE you travel, you should consult with an experienced immigration attorney (if you have not already hired one) and go over your case to determine the issues and risks involved in traveling outside the United States at this time.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  2. J Charles Ferrari

    Contributor Level 20

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    Answered . It is far easier to fight a case IN the US.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . Would have been much easier (and effective) to appeal from within the US.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. Kristin D Figueroa-Contreras

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Because your I-751 has been pending for over a year, the one-year green card status extension given in your receipt notice also expired. You need to make an InfoPass appointment to get an additional extension (due to the fact the I-751 is still pending); they will stamp your passport with a temporary I-551 (evidence of green card status). If the I-751 is denied, the green card status is immediately terminated and you are placed in removal (deportation) proceedings. If you are abroad when it is denied, you will be placed in secondary inspection and given a court date (removal proceedings in immigration court). You may be able to re-litigate the I-751 in immigration court, depending on the reason for the denial. Please do not attempt to do this without a competent immigration lawyer. I cannot stress this enough. If I were in your shoes, unless I had a very important reason for wanting or needing to travel, I would forgo traveling abroad and save the money I would have spent on that trip and invest in competent legal counsel. You do not want to end up being ordered removed. Best of luck to you.

    Please note, the above answer is for general informational purposes only. We are a full-service immigration... more

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