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.