How can I re file my I751? 10 Answers as of October 20, 2011

You can seek reconsideration of the I-751 denial before the immigration court. You should strongly consider retaining an attorney to assist you with this matter.

You will need an attorney to renew your I-751 in court.

There are options to file an I-751 even after divorce if you can demonstrate: (1) that the marriage was entered into in good faith but ended through no fault of your mother; (2) that there was abuse or extreme mental cruelty in the relationship; or (3) that it would be an extreme hardship if you are forced to return to your home country. In removal proceedings, you have the right to refile the I-751 as a waiver of the joint petition under one or more of the theories above. USCIS must first adjudicate the case and if they approve it, proceedings would be terminated. If they deny it, you can renew the I-751 before the immigration judge as a defense against deportation.

You are under deportation, USCIS has no jurisdiction. Everything needs to go through the judge. You need a lawyer to find you proper defense based on your facts.

Your mother needs to re-file her I751.

You need to consult with an experienced immigration attorney who should review the grounds for denial as they are determinative for what can and must be done to remove the condition on your residence.

If your mother was the principal applicant under whom you received your conditional LPR, then you are bound to suffer the same consequences that befall her. Unless you have an independent basis to file an adjustment application on your own, for instance, if you were the spouse or child or parent of a USC. I don't see how you can get around these requirements in your predicament.

If you are in immigration proceedings, you need to speak with and retain an immigration attorney immediately.

Your mother's divorce does not mean she can't file for her own I-751 petition based on a waiver. You should also be able to have this option- please schedule a consult with a local and competent attorney in your area who specializes in immigration and removal to fully determine your rights.

You really should see an attorney immediately. But you may be able to refile under the good faith exception accompanied by the divorce.