I-751 Denials Exploding in 2026? Why USCIS is Issuing NTAs and Starting Deportation NOW!

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I-751 denials for conditional residents are surging in 2026, and many conditional green card holders are being caught off guard. What used to be a routine filing is now under intense scrutiny, with even minor errors triggering denials. As USCIS tightens standards, understanding the risks—and how to avoid them—has never been more critical.

A conditional permanent resident is someone who received a two-year green card through a recent marriage and must file Form I-751 during the 90 days before it expires to prove the marriage is real and remove those conditions. Failure to timely file an I-751 application can lead a person to lose their status.

In this video, we break down exactly how to avoid becoming part of the rising denial statistics and set your application up for approval.

If you are Divorced, Expect a Tougher Review

In just recent months, the I-751 approval rate has plunged from roughly 85% to just under 60%.

A major driver of these denials is USCIS’s heightened scrutiny of divorced applicants. I-751 waivers are filed by applicants who are no longer married to the U.S. citizen spouse through which they originally obtained conditional residence.

Applicants filing I-751 waivers face tougher scrutiny, with officers increasingly questioning the legitimacy of marriages that ended in divorce.

What many applicants don’t realize is that you should only file an I-751 waiver after your divorce is final, because without a final divorce decree, USCIS will likely deny the case.

If you don’t have your final divorce decree within the 90-day filing window, you should work with an attorney to fully document your pending dissolution and explain the situation to USCIS.

Filing for Citizenship While the I-751 Is Pending

Another group of people driving up I-751 denials are divorced persons filing for U.S. citizenship while their I-751 waiver applications are still pending with USCIS.

Filing for U.S. citizenship while your I-751 is pending can still be a smart strategy for those with a strong underlying conditional residence case—especially if you remain married to the U.S. citizen spouse through which you obtained your green card. In those situations, USCIS is less likely to question the legitimacy of the marriage, and the naturalization process can move forward smoothly.

However, applicants who are no longer married should be prepared for heightened scrutiny, as USCIS officers often suspect such cases may involve fraud or misrepresentation.

This is because naturalization requires proof of good moral character, and any findings of fraud (such as a sham marriage) or misrepresentation carry severe consequences.

Applicants must take precaution before filing for U.S. citizenship if there are questions that may arise concerning the legitimacy of their marriage, or any other underlying issues, as this may trigger a full-blown fraud interview questioning both spouses, and both cases may ultimately be denied.

Failing to Adequately Respond to Requests for Evidence

A growing number of denials also come from people who submit incomplete or insufficient responses to Requests for Evidence (RFEs), as well as those who do not timely respond by the stated deadline.

It’s essential for applicants to carefully review every item listed in the RFE and respond precisely to what is being asked. RFEs are not a general opportunity to submit extra documents or re-argue your case—they are a targeted request for specific evidence. Failing to provide the exact information requested, or submitting incomplete or unrelated documentation, can lead to denial even when the underlying case is strong.

To avoid this, applicants should cross-check the RFE, gather the required evidence, and ensure their response directly addresses USCIS’s concerns.

Denials Leading to Deportation

For I-751 applicants, a denial now comes with far more serious consequences than in the past. USCIS is issuing Notices to Appear (NTA) in immigration court for applicants who are denied, formally placing them into removal proceedings and putting them at risk of deportation. That is why it is so critical to treat the I-751 application process as a high-stakes legal matter from the very beginning.

While denied applicants have always been eligible for removal proceedings, this policy is now being enforced far more aggressively than before, marking a sharp shift from the looser approach of the prior administration.

Fail-Proof Your I-751: What You Need to Do

The best way to “fail-proof” your I-751 is to plan ahead, gather the right evidence, and file correctly the first time.

The most important first step: submit your I-751 as early as possible. You have a 90-day window before your conditional green card expires to file. Filing early reduces the risk of delays, mistakes, and last-minute complications.

Second, submit strong proof of a bona fide marriage right from the start. Include joint financial responsibilities such as shared bank accounts and insurances designating you as a beneficiary, proof of cohabitation such as a lease agreement, photos, and other documentation that show you built a real life together. The more evidence you provide upfront, the less likely USCIS is to question your relationship.

Finally, don’t file your I-751 and N-400 together unless your original green card case is strong and free of any issues or complications.

The Bottom Line

I-751 denials are on the rise in 2026, and a denial now can trigger removal proceedings. To avoid becoming part of this trend, file early, submit strong proof of a bona fide marriage upfront, and only file for citizenship if your case is clean. With careful preparation and the right evidence, you can protect your status and increase your chances of approval.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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