If your denial does not include an order to appear before an immigration judge: Re-filing Form I-751 immediately after you receive a denial
If you receive a denial of your Form I-751 that does not include a Notice to Appear, don’t walk — RUN to the office of a skilled immigration attorney. You need to act quickly, and you need to present a well-prepared response.
If you have not yet received a Notice to Appear, you can refile Form I-751 with any deficiencies corrected, and hope that it will be approved with no court appearance necessary. If you receive one, however, you will have to defend yourself in court and risk deportation if the court rejects your arguments.
Special case: Your application is denied because missed your USCIS interview
If you missed your USCIS interview (perhaps you did not even receive notice of it), you have two options:
- Contact the USCIS, explain your situation, and ask them to schedule you another interview. If you get one, don’t miss it! If you don’t get one, you will probably end up in immigration court.
- Submit a Motion to Reopen your case (you will almost certainly need an immigration attorney for this). If your motion is accepted, you will get a second chance for an interview.
If your I-751 denial orders you to appear in court
The USCIS will not grant you an appeal of the denial of Form I-751. Instead, you will have to wait until you receive a Notice to Appear and contest the denial in court.
If your I-751 denial orders you to appear in immigration court at a certain date and time, your opportunity to refile Form I-751 with better supporting documentation will have lapsed, and you will have to either leave the US voluntarily, wait to be deported, or successfully defend your case in immigration court. How you defend yourself in court depends on why your petition was denied in the first place.