top of page

What to Do If Your Conditional Green Card Is Denied and You Face Removal

  • Writer: Aynur Baghirzade
    Aynur Baghirzade
  • Sep 13
  • 5 min read

Receiving a conditional green card is often one of the most exciting milestones in the U.S. immigration journey. It allows you to live, work, and build a future in the United States. However, when that conditional green card is denied — and worse, when you are placed in a removal proceeding — the situation can feel devastating.

Conditional Green Card

This moment can bring overwhelming fear, uncertainty, and confusion. Yet, denial does not mean the end of your American dream. There are strategies, legal remedies, and defenses available. With the right knowledge and legal support, you can fight for your lawful status and protect your future.


This article explains why conditional green cards are denied, what it means to be placed in removal proceedings, the steps you should take immediately, and how Accura immigration Law can help you to defend yourself.

If you want to learn more about marriage fraud and how government detects it, then check our another article about marriage fraud .

Understanding Conditional Green Cards

Purpose

A conditional green card is a two-year residency card issued to certain immigrants, most often spouses of U.S. citizens or permanent residents, and sometimes investors. The condition ensures that the immigrant’s status is genuine and not obtained through fraud or manipulation.

Eligibility

You are typically granted a conditional green card if:

  • You obtained your green card through marriage, and the marriage is less than two years old at the time of approval.

  • You received residency through the EB-5 immigrant investor program.

Process

Before the conditional green card expires, you must file a petition to remove conditions. For marriage-based cards, this is usually Form I-751, Petition to Remove Conditions on Residence. If approved, you receive a permanent 10-year green card.

Failure to prove eligibility, submit correct documents, or convince immigration officers of the marriage’s legitimacy may lead to denial.


Why Conditional Green Cards Get Denied

There are several reasons USCIS may deny your petition:

Insufficient Evidence of a Bona Fide Marriage

  • Lack of joint documents (bank accounts, leases, insurance, bills).

  • Few or no photos together.

  • Inconsistent testimony during interviews.

Missed Deadlines

  • Failing to file your petition on time.

  • Criminal Records

Certain convictions may disqualify you.

  1. Suspected Marriage Fraud

USCIS believes the marriage was entered solely for immigration benefits.

  1. Incomplete or Incorrect Filing

Missing forms, signatures, or supporting evidence.


What Does It Mean to Be Placed in Removal Proceedings?

If your conditional green card petition is denied, USCIS often refers your case to Immigration Court. This process is formally called removal proceedings.

Description of Removal Proceedings

  • You will receive a Notice to Appear (NTA), which outlines the reasons for your removal.

  • You must attend hearings before an immigration judge.

  • The government attempts to prove you should be deported.

  • You (or your lawyer) must present a defense to remain in the U.S.

This is not just a formality — it is your last chance to prove your eligibility.


Immediate Steps to Take If Your Green Card Is Denied

1. Do Not Panic

While denial is serious, it is not the end. Many people successfully fight removal proceedings and secure their status.

2. Review the Denial Notice

USCIS must explain why your petition was denied. Carefully study the reasoning. This will guide your legal defense strategy.

3. Hire an Experienced Immigration Attorney

The immigration system is complex and unforgiving. Having a skilled attorney is critical. At Accura Law Firm, our team specializes in defending immigrants in removal proceedings, particularly after green card denials.

4. Gather Evidence

Collect proof that supports your case. This may include:

  • Joint financial records.

  • Photos with your spouse and family.

  • Affidavits from friends and relatives.

  • Tax returns filed jointly.

  • Proof of cohabitation.

5. Prepare for Immigration Court

Your lawyer will help craft a strong defense. Depending on your situation, this might involve re-arguing your marriage’s authenticity, requesting waivers, or exploring other paths to legal residency.


Defenses Available in Removal Proceedings

You are not without hope. Here are the most common strategies to fight deportation after a conditional green card denial:

1. Prove Bona Fide Marriage

If USCIS doubts your marriage, immigration court gives you another chance to prove it. With additional documentation and credible testimony, you can overcome USCIS’s suspicions.

2. Request a Waiver of Joint Filing Requirement

If your spouse is abusive, refuses to cooperate, or the marriage ended in divorce, you can still apply individually for a waiver. You must demonstrate:

  • The marriage was entered in good faith, OR

  • You were a victim of abuse, OR

  • Removal would cause extreme hardship.

3. Adjustment of Status Through a New Petition

If you remarried a U.S. citizen after divorce, you may file a new green card petition.

4. Apply for Alternative Relief

In some cases, you may qualify for other forms of immigration relief, such as:

  • Asylum

  • Cancellation of Removal

  • U visas for crime victims


The Importance of Legal Representation

Facing removal without an attorney is extremely risky. Immigration Law is one of the most complex legal systems in the U.S. Mistakes can cost you your future.

Accura immigration Law understands the emotional and legal weight of these cases. Our attorneys:

  • Analyze why your petition was denied.

  • Identify the strongest defense for your case.

  • Collect and organize evidence.

  • Represent you in immigration court with strategic arguments.

  • Provide compassionate, personalized support


How the Process Works in Court

Step 1: Master Calendar Hearing

Your first hearing is procedural. The judge explains the charges, and you confirm whether you admit or deny them. Your lawyer may request time to prepare your defense.

Step 2: Individual Hearing

This is your main opportunity to present evidence and testimony. Witnesses may testify. USCIS attorneys will try to challenge your case.

Step 3: Judge’s Decision

The judge decides whether you can remain in the U.S. If denied, you may appeal


Practical Tips for Success

  1. Stay Organized: Keep all immigration-related documents in order.

  2. Be Honest: Never lie to the judge or USCIS. False testimony destroys your case.

  3. Demonstrate Stability: Show ties to your community, such as work, children, or education.

  4. Hire a Lawyer Early: Don’t wait until the last minute. The earlier your attorney is involved, the better your chances.


Accura immigration Law: Your Partner in Immigration Defense

At Accura Law, we have extensive experience representing immigrants in complex situations, including conditional green card denials. Our firm provides:

  • Deep knowledge of immigration law.

  • Strategic defense tailored to your case.

  • Compassionate guidance during stressful proceedings.

  • Aggressive representation in court.

We believe every client deserves a fair chance to pursue their American dream.


Conclusion

Having your conditional green card denied and being placed in removal proceedings can feel like the end of the road. But it is not. With the right strategy, strong evidence, and experienced legal representation, you can fight to remain in the U.S.

The key is not to delay. Take immediate action, gather evidence, and consult with an experienced immigration attorney like those at Accura immigration Law. Your future, your family, and your dreams are worth protecting.

 
 
 

Comments


bottom of page