Can my minor children granted removal of conditions of green card if my i130 from my US citizen husband was denied? 2 Answers as of March 04, 2011

My husband successfully petition my kids and were granted conditional permanent residency, however my i130 was denied, can they be their conditional status be removed? We are still married and refilling I 130.

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
It will depend on why the I-130 was denied. If it was denied because the USCIS determined that the marriage was not bona fide, then the children's I-751 would be denied as well since their Conditional Green Cards are based on your marriage being bona fide. If the petition was denied for another reason, such as failure to respond to a Request for Evidence, then the I-751 could be approved. However, you should expect the USCIS to call them and your husband for an interview.
Answer Applies to: California
Replied: 3/4/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If we can take a look at your basics, we will have a clue why you are denied at the first place and what the condition of your children's green cards. Without that, it is hard to say. You are urged not to refile now until you figure out what is wrong. You can contact us for assistance. Good luck!
Answer Applies to: Florida
Replied: 3/4/2011
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