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I-751 denied and divorced now in removal proceedings

Fort Myers, FL |

Married to a us citizen 2006, we divorced in 2012 , i-751 filed in 2009 was denied in 2011. Received a court date for removal proceedings. I have spoke to 4 lawyers, 1 lawyer suggests we should reapply i-751 self petition providing show married was in good faith, 2nd suggest I apply for relief as a buttered spouse ( a recap: my ex spouse was in deed very antagonizing, multiple times threatened to call immigration to deport me if i even left him. He called the police one incident when i stood up to him and i went to jail for domestic violence of which they later dropped because of no evidence. Lived in an abused shelter for 3+ months.) i' am confused on which lawyer to give my case because i get different responses towards my case. Please advice

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Attorney answers 3


Sounds like you would be re-filing the I-751 with an abuse waiver.

This is not legal advice and a client attorney relationship is not created.


You must file a new I-751, since the Immigration Judge cannot review the denied one, since you have a different basis than the one USCIS denied. You seem also to be eligible for a self petition as an abused spouse of a US citizen, VAWA Cancellation, and possible other benefits.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


You can file both on the basis of divorce and if a use. You will have to prove good faith marriage either way.

Answers provided by Ksenia Maiorova, Esq. on are of a general nature and do not constitute legal advice.