Conditional residents, When to file I-751 form
I-751s approved by IJ.
DHS waived appeal.
Cases pending in court for about 5 years.
Original I-751s filed well before that.
Client and son applied for various other forms of relief, including AOS and VAWA Cancellation.
IJ did not reach the merits of those applications; finding that Client’s previous marriage was bona fide and therefore, that the original I-751’s were denied in error.
IJ also found that Client’s son did not age out because such a reading of the Act would leave many aliens without any form of relief.
Clients’ LPR date should be retroactive to filing of I-751s and therefore, they should be eligible to Naturalize.