What to Do If Your Conditional Residence Is Denied

Conditional residence is a provisional green card issued for two years, most commonly in marriage-based cases or EB‑5 investment cases. It requires petitioners to file either Form I‑751 (marriage cases) or Form I‑829 (investment cases) within the 90‑day window before the expiration of their two-year status.

However, USCIS may deny the petition for a variety of reasons—insufficient evidence, suspicion of marriage fraud, investment shortfalls, or missed deadlines. A denial can jeopardize lawful status and even trigger removal proceedings. Knowing what to do next is critical. In this article, we cover purpose, eligibility, process, description of denial circumstances, and effective strategies—including legal assistance from Accura Immigration Firm.

Purpose: Why Conditional Residence and Why It Might Be Denied

A. Purpose of Conditional Residence

Conditional residence is designed to:

• Ensure authenticity in short-term marriages, by granting a conditional green card when a marriage is less than two years old.

• Verify ongoing performance in EB‑5 investment cases, requiring sustained capital and job creation.

By requiring a follow-up petition, USCIS verifies that conditional residency was legitimately earned and not granted in error.

B. Why Denials Occur

Typical reasons for denial include:

• Filing late or missing the 90‑day removal window.

• Lack of credible evidence showing a genuine marriage (financial legally shared life, cohabitation, etc.).

• Investment failed to sustain or create jobs per EB‑5 requirements.

• Missed or poorly prepared filing responses to USCIS Requests for Evidence (RFEs).

• Evidence of fraud, misrepresentation, or suspicious supporting documents.

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Eligibility: Who Can Face or Contest a Denial?

Those eligible to respond or contest a denial include:

• Conditional residents applying through marriage (I‑751).

• Conditional residents applying through EB‑5 investment (I‑829).

• Derivative children whose status depends on a parent’s petition.

• Applicants seeking waivers or exemptions (e.g., divorce, abuse, or hardship in a marriage context).

Even after denial, most individuals remain eligible to submit motions, appeals, or alternative petitions—provided they act swiftly.

Description of the Denial Process and Immediate Consequences

A. USCIS Review and Denial Notice

After receiving the petition (I‑751 or I‑829), USCIS reviews documentation. If they find the evidence insufficient or spot irregularities, they may issue an RFE. If no satisfactory response is submitted, or if the RFE response still falls short, USCIS will issue a Notice of Denial.

B. What Happens Next?

Upon denial:

• Your conditional residency status ends—this could trigger status violations immediately.

• USCIS will issue a Notice to Appear (NTA), leading to removal proceedings in immigration court.

• You may receive a voluntary departure period or bond options if detained, but the clock starts ticking.

C. Time Is Critical

Once status is lost, your ability to remedy the situation becomes limited. Immediate action is required to avoid full removal.

What To Do Immediately If Denied

Step 1: Contact an Experienced Immigration Attorney Immediately

• A denial significantly raises legal stakes. Self‑representation is risky—professional guidance is essential.

• At Accura Immigration Firm, we begin by assessing denial reasons and identifying the best next step quickly.

Step 2: Request a Motion or Appeal

You may file:

• Motion to Reopen – If new evidence or legal grounds exist that weren’t originally submitted.

• Motion to Reconsider – If the denial was due to incorrect application of law.

• Appeal to the Board of Immigration Appeals (BIA) – Within 30 days of denial.

Accura helps craft persuasive motions or appeals, grounded in both law and factual records.

Step 3: Explore Alternative Relief

If reinstating conditional residence is not viable, alternative legal pathways may include:

• Asylum or withholding of removal

• Waivers based on hardship, abuse, or misrepresentation

• Family-based adjustment or employer sponsorship petitions

• U, T, or VAWA visas if you qualify

Step 4: Protect Your Physical Presence

If you are in the U.S.:

• Apply for voluntary departure, if offered.

• If detained, request a bond hearing.

• Do not leave the country—that could close future options.

Accura supports clients in managing bond requests, navigating detention, and minimizing risk of expedited removal.

Filing a Motion to Reopen or Reconsider

What It Means

• Motion to Reopen: New evidence or changed conditions justify reopening your case.

• Motion to Reconsider: Argues USCIS made a legal error in denying your petition.

Key Requirements

• Filed within 30 days of denial (exceptions apply).

• Supported by strong legal and factual bases.

• Must include clear, persuasive arguments and documentation.

Accura prepares these filings in rich detail, ensuring high standards of evidence and legal analysis.

Appealing to the Board of Immigration Appeals (BIA)

Process Overview

• File Form EOIR-29 or NTA appeal form, depending on whether in court or asylum office.

• Submit legal briefs and supporting evidence.

• The BIA reviews and issues decisions—sometimes remanding back to USCIS.

Strategic Considerations

• Appeals can take several months or over a year.

• Accura ensures briefs are legally robust and aligned with current court precedents.

• If the BIA remands, Accura helps build a stronger rehearing petition.

Alternative Legal Remedies

1. Family-Based Petitions

If married to a U.S. citizen or lawful permanent resident, a direct petition (I‑130 + I‑485) may be possible—especially if removal proceedings can be paused or stayed.

2. Humanitarian Relief

For participants in qualified situations (abuse, trafficking, crimes cooperation), U-visa, T-visa, or VAWA filings might be viable.

3. Asylum or Withholding of Removal

If fear-based persecution exists, asylum may be your best form of protection even after denial.

4. Cancellation of Removal

Available for certain long-term noncitizens with family ties and good moral character—if eligible, this can replace the conditional challenge.

Accura evaluates every possible legal route as soon as denial occurs.

Documentation: Strengthening Your Case After Denial

When filing a motion, appeal, or alternate petition:

• Gather new or overlooked evidence: marriage photos, children’s birth certificates, shared financials.

• Secure expert affidavits: theologians, medical experts, community leaders.

• Provide detailed statements showing the hardship or fraud context.

• For EB-5 investors, prove sustained job creation or capital preservation post-petition.

Accura assists in collecting and organizing every vital piece of evidence.

Accura Immigration Firm: Your Legal Ally in a Crisis

About the Firm

• Accura Immigration specializes in complex cases including removal-of-condition cases and removal defense.

• Our attorneys have handled hundreds of joint petitions, waivers, appeals, and humanitarian applications.

Our Approach

1. Case Triage: Immediate review of denial notice and client's status.

2. Custom Strategy Development: Motions, appeals, or alternative petitions.

3. Comprehensive Documentation: Gathering strong supporting records.

4. Court and Administrative Representation: In BIA proceedings or immigration court.

5. Continuous Support: Clients receive updates, reminders, and assistance at each step.

Why Clients Trust Us

• High success rates in reversing or mitigating denials

• Graceful handling of emotionally charged situations

• Clear communication, bilingual/multilingual teams

• Flexible and fair fee structures, including payment plans

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Frequently Asked Questions (FAQs)

Q: Can I remain in the U.S. during appeal or motion?A: Yes, filing timely motions or appeals often carries a stay of removal until final adjudication.

Q: How long do I have to respond after denial?A: Generally 30 calendar days to appeal; 30–60 days for motions, depending on context and relief type.

Q: Does filing motion guarantee success?A: No, but a well-prepared case significantly improves chances of reopening or relief.

Q: Will filing a waiver or alternate petition delay removal?A: Yes—most dispositions stay removal while petitions are pending.

Q: Can Accura help if I’m already detained?A: Absolutely. We assist with bond hearings, representation in court, and documentation.

Timeline and Process Flow

1. Receive Denial

2. Contact Legal Counsel Immediately

3. Review Grounds and Gather Evidence

4. File Motion or Appeal (within applicable deadline)

5. Submit Supporting Documentation

6. If denied appeal, consider alternate relief

7. Attend hearings or court proceedings

8. Secure new lawful status or humanitarian protection

9. Prepare long-term immigration strategy (e.g., citizenship)

Accura helps clients navigate each stage with precision and urgency.

Conclusion

A denial of conditional residence is stressful, but not a final ruin. Acting swiftly—through legal motions, appeals, or alternative applications—is essential to preserve your status and avoid removal. With expert support from a firm like Accura Immigration, you have a real chance to reverse the denial or find a new route forward.

Our firm brings clarity, determination, and empathy to each case. If you're facing a denial or fear losing your conditional status, reach out to Accura Immigration Firm for immediate help in reclaiming your path to lawful permanent residence.