I-751 Appeal

[ENKAD]

Hi Rajiv,

My I-751 was denied as they had doubts about my marriage, my husband then deserted to live with someone else otherwise the marriage was genuine. After my I-751 denial, my lawyer filed an appeal 2 years ago and a decision is imminent.

On a separate note I am also the sole carer of my elderly mum (a US citizen) who has a myriad of health issues and now needs constant care as she has deteriorating eye sight due to a glaucoma diagnosis in addition to mobility issues.

What would you recommend to be the safer approach:
1. Wait for final decision on current pending I-751 appeal and hope for the best?
3. Other hardship means considering the health and care needs of my elderly mum?

Any advice will greatly be appreciated.

Many thanks.

 

[newacct]

When you said "filed an appeal", do you mean you filed a Motion to Reopen and/or Motion to Reconsider on I-290B with USCIS? Or do you mean you were placed in removal proceedings, and challenged the I-751 denial with the immigration judge in removal proceedings?

Did you file I-751 jointly with your husband on the basis of remaining married? or by yourself on the basis of divorce? If you filed it jointly, are you now divorced? You can file a new I-751 on the basis of divorce.

It is possible to file I-751 on the basis of extreme hardship that arose during the first two years of conditional permanent residency, even without a genuine marriage. If your mother's health issues arose during those two years, then maybe you can try that, but "extreme hardship" is very difficult to establish.