Getting a green card is a major achievement if you want to become a permanent resident of the United States. However, the application process is often challenging and complicated. Many applicants get denied for various reasons, such as technical errors and complex eligibility issues.
This guide lists the common reasons for a green card denial and how a green card lawyer can help you avoid them.
Key Takeaways:
- Your green card application may be denied when you submit incorrect documents or fail to attend interview appointments.
- Depending on your condition, your lawyer may get a waiver if you have a health problem and want to enter the U.S.
- You have the option to reopen your case when you get the denial notice.
- Lawyers can check your documents to make sure you’re providing correct information.
TABLE OF CONTENTS
What to Do in Case of Green Card Denial
Why Your Green Card Is Denied
You may encounter one or a few of these reasons upon learning the immigration’s decision on your green card application:
Incomplete or Incorrect Documentation
This is a frequent reason for green card denials. Your application needs an extensive set of documents to back it up. These documents usually include birth certificates, marriage certificates, financial records, and police clearances. Your Green Card Lawyer will advise you to secure all documents and meet the requirements of the U.S. Citizenship and Immigration Services.
If you have translated your documents into English, your lawyer can confirm that they adhere to U.S. immigration standards to reduce your chances of being denied due to errors.
Ineligibility for the Applied Green Card Category
Various green card categories have eligibility requirements, whether it’s family-sponsored, employment-based, or humanitarian programs. You may get denied when you don’t qualify for the category you’re applying for.
For example, your employment-based application may be turned down if the job offer or your skills don’t meet the criteria. Family-based applications get denied when your relationship with a family member isn’t properly shown.
Your lawyer will help you determine the best category for your application. They will assess each category’s specific requirements to ensure you meet every criterion and get approved fast.
Inability to Prove a Genuine Relationship
USCIS may be wary of fraudulent marriages in family-based green card applications, especially marriage-based ones. If yours is in this category, you must show a genuine relationship between you and the sponsor.
Your lawyer can advise you to show your marriage certificate, photos, joint financial records, or statements from family and friends to establish the relationship. They can guide you in building a stronger case and avoid getting denied due to suspicions of fraud.
Failure to Attend Scheduled Interviews or Appointments
USCIS will schedule interviews or biometrics appointments during your applications. Absence in these appointments without a valid reason and rescheduling can lead to automatic denial.
Your green card lawyer will ensure you stay organized and make necessary arrangements so you can attend appointments. Ask their assistance if you need to reschedule your appointment to avoid being denied.
Lack of Proper Guidance During the Interview Process
Green card interviews are stressful, especially if you don’t know what will happen. You may unintentionally give unclear or polarizing answers, which can cause denials.
Lawyers will conduct mock interviews to practice your way of answering questions. They can tell you how to present your case better and structure your answers. These interviews can build your confidence and prepare you for the actual interview.
Misrepresentation or Inconsistencies
These mistakes, whether intentional or not, can potentially ban you from entering the U.S. in the future. Misrepresentations can include providing false information about identity, marital status, legal history, or employment details. Even minor inconsistencies across forms can make immigration officials suspicious.
To avoid denials, let your lawyer cross-check every form, document, and statement to identify and correct mistakes before submission. You’ll also have sessions with them, so they can teach you to answer interview questions truthfully and accurately.
Criminal Record
Criminal records, even for minor offenses, can affect green card applications. The USCIS assesses an applicant’s potential inadmissibility by carefully reviewing their criminal history.
Certain crimes, such as fraud, drug offenses, human trafficking, or violent crimes, are often grounds for denials. The U.S. immigration authorities don’t accept people who are a threat to national security and deport those who have violated immigration laws.
Your lawyer can assist you by evaluating your criminal history and determining if it would cause problems during your applications. They can get waivers for some offenses and teach you to disclose these past incidents that won’t harm your application.
Medical Inadmissibility
Certain health conditions, either a physical or mental disorder, can make you medically inadmissible, including a communicable disease that may affect everyone.
Save your application by working with your lawyer to complete all medical exams and vaccinations. They can get waivers on health conditions that can be a cause of concern.
Expired Deadlines or Filing Errors
USCIS sets deadlines for application submissions and requests for responses. Your application gets a big denial if you miss the deadline. Filing errors like wrong forms can delay your application, too.
Green card lawyers help you meet every deadline and submit all paperwork correctly and on time. They track your case’s progress and work with USCIS in case of unexpected delays.
What to Do in Case of Green Card Denial
File a motion to reopen your case with the USCIS after getting the initial application denied under certain conditions. This is some general information about it:
- Eligibility and Grounds: This motion is based on new facts, evidence, or circumstances that weren’t presented during the first application.
- Time Frame: You can file a motion within 30 days from the date of the denial notice. The notice has specific filing instructions and the corresponding deadlines.
- Supporting Evidence: You must provide new evidence connected to your case when filing a motion to reopen. If the document can support your eligibility, include it in your motion.
- Filing with Immigration Court: Your application will be sent to the Administrative Appeals Office. The USCIS office that gave the original decision will do the field review.
Final Words
Green card denials are disheartening but can be avoidable and give you time to prepare a stronger case. The USCIS may review prior immigration violations, ensure that you have enough support from someone, or you can support yourself when you’re already in the U.S.
The filing process can be complex, so work with an experienced immigration attorney to help you with submissions and other immigration services. They’re updated with immigration laws and know immigration officials who can help your case. You can increase your chances of becoming a green card holder and settle in the U.S. as soon as possible.