When you are in the pursuit of a U.S green card there is a lot to consider. A person in search of permanent resident status in the U.S must invest time, effort, as well as money into the immigration process. They cannot get back all that they have invested in the pursuit of a green card. This is the reason why after green card denial individuals become devastated.
A green card can take up to 10 years to get to the expiration date once it is awarded. After the card expires an individual is required to apply for a renewal or they can leave the country. Even so, there are instances that can result in an individual not getting their green card approved or renewed.
The process of applying for a green card is complex and it can be as well complicated. When you are applying for a green card the relevant agencies will look into whether you are eligible for either a green card renewal or if you are eligible as a first-time applicant.
Your personal affairs will be analyzed to determine whether a green card should be granted. The question most applicants should ask themselves before getting started with the process is, why would a green card be denied?
If a green card applicant applies for a lawful permanent residence they need to undergo a medical test so they can submit a medical exam report. A government-approved doctor has to conduct the test.
Depending on the results of your test it can lead to your green card getting denied. The green card can be denied if you are found to have a communicable disease that is considered dangerous to the public.
Other reasons why the green card can be denied are if you do not provide documentation of undertaking the required vaccine or if you cannot have the vaccine done before the green card is processed. A physical or a mental disorder that endangers you as well as other people can as well prevent you from getting your green card approved.
Your green card can be denied if you have a criminal history of certain kinds of crime or if the reason you are going to the US is so you can commit these kinds of crimes.
These types of crimes include drug trafficking, fraud, money laundering, and prostitution among other crimes that can include crimes of moral turpitude.
When you are filling out the forms you may need to fill in DS-260 or form 1-485. The forms are filled out respectively for consular processing or if you want to adjust your status. In the forms, you will find questions that you will be required to answer truthfully.
The questions will be criminal-related and as well security-related. As you answer the questions you may need to give an explanation. Answering the questions without an explanation can end up proving that you are not inadmissible and that may lead to the denial of your green card.
If you are seeking admission in the U.S for the reason of violating the security laws in the US your green card will be denied. There are security laws that prevent individuals who would want to engage in terrorist efforts, or individuals that were previously involved or are current members of the totalitarian parties, committed human rights violations, were involved in crimes of genocide from entering the country. Individuals who want to get into the US cannot engage in sabotage, espionage, or any other activities to overthrow the U.S.
Violating Immigration Rules
Entering the United States illegally by committing an immigration violation such as gaining entry through misrepresentation, abusing the visa process, not attending the immigration removal proceedings, or sneaking in a stowaway will lead to your green card being denied. Your family-based green card, as well as your marriage-based green card application, will as well be denied if you violate the terms and conditions of your visa.
Failing to Meet Application Requirements
During the application process for your permanent residence, you will be asked to bring with you numerous forms, documents and as well you will incur fees. If you do not read the instruction thoroughly and present what is required it will lead to your application being denied. Even as this is the case the government will provide you with an opportunity to provide any missing information that you might have.
The requirements that you have to meet will depend on the application process that you are undertaking. It will depend on whether you are adjusting your status or consular processing.
One of the things that you may need to do is to provide copies and originals of your divorce decree if it is applicable, marriage certificate, birth record, a valid visa status as well as other applicable documents. The manner in which you provide these documents will depend on whether the case was filed abroad or in the U.S.
If You are Viewed as a Public Charge
In the case where the U.S immigration authorities see that you have a likelihood of being dependent on them for financial support or long-term care, it is highly likely that your green card will be denied.
Ways that the U.S. citizenship and immigration services or the consular office can determine if you are going to be a public charge is by looking at convincing evidence such as the individual’s age, family status, assets, health, education or skills that you possess, resources you have as well as your financial status during the time that you are filing your application for the green card.
For you to not be reviewed as a public charge someone will have to sign an affidavit that shows that they support you or you need to be in the class of immigrants that do not need someone to sign an affidavit showing support on their behalf.
Even if you do not need someone to sign an affidavit or you do get someone to sign the affidavit for you there are other grounds of inadmissibility that can weigh against that. Factors such as not having health insurance can act as inadmissibility grounds.
Failing to Attend Appointments
After you have filed in your green card there are scheduled appointments by the USCIS that you are supposed to attend. The scheduled appointments are interview appointments if you are filling your application from the U.S. and a fingerprinting appointment if you are filling your application from abroad. It is necessary to attend to the appointments failure to which your application will be denied.
The Denial of Your Underlying Visa Petition
What is your reason for filing your green card? If you are filing a green card on an employment basis your sponsor is likely to have filed a petition of form 1-140. If you are filing a petition on a family basis you will have to take care of a form 1-130.
Your green card application will not go through if your petition is denied. In some cases, the application can come to an end if, for example, a step-father submits a form 1-30 petition but the United States immigration services did not see enough proof of the existence of the relationship.
An Error Made By Immigration Decision-Makers
The United States immigration services just like other immigration services can make errors. It is possible for errors such as listing the date of birth incorrectly, losing the filing documentation and filing fee checks, spelling the applicant’s name wrong, failing to send you an important notice to occur.
Switching or Changing Jobs after Filling a Form 1-140
In the situation where you already have an approved 1-140 visa petition, there are certain requirements that you will have to meet for your green card to be processed. Here are the requirements;
- Your Form 1-485 must have been pending or awaiting a USCIS decision for a period of 180 days or longer.
- The new job that you are applying to has to be similar or have the same job description in the form 1-140 petition as well as the labor certification.
After your application is reviewed and denied it is important to go through it if it has been sent to you so you can see if there are errors that have been made. Going through the notice of intent to deny your application or a final notice for denial will help you assess if your case was fairly assessed and if there is any ground of inadmissibility.
What Happens After The Denial of Your Green Card?
After your green card application has been denied you can file an appeal for a green card and present it before an immigration judge. In the case where you filed for your green card application while you were in the United States and had an application to adjust your green card holder status and it was denied you can go ahead and file an appeal using form 1-290B with the USCIS services. You will have to pay a filing fee.
There is a limit to the time of filing that you have. It is important for you to file an appeal within 30 days after you file an immigration status notification of denial or in case you have received the application by mail file the application within 33 days. While filing the form you should make sure to fill in the details completely and state clearly that you are filing a motion to reopen. Also, be sure to state the reason why you are filing the motion.
Alternatively, you can choose to file your green card case again. The process of filling a green card is complicated. Seeking the help and advice of a Queens immigration attorney through the process will help you yield better results.
It is important to note that if you have filed for permanent residence through a U.S consulate abroad and your immigrant visa ends up getting denied your case is reviewed by the principal consular officer at the station where the interview took place. If the officers want they can get another opinion from the state department.
Even so, if the denial is not lifted even after the review the appeal process cannot continue. Most applicants end up starting their application all over again. They usually have to through the due process and fill a 1-130 petition all over again and after that wait for the application to be approved.
Find the Help That You Need
Green card application denials can happen for a variety of reasons. Some of those reasons are failing to complete your application or your application failing to have a requisite fee. When this happened the application is bounced back and the applicant only losses time. However, the USCIS can deny the application and this will result in the applicant losing the filing fees they used and on top of that having to re-file.
At Jason A Dennis we make sure that we review your application so we can ensure that it is complete. We do this in addition to assessing the facts of your case with an aim to determine whether or not a waiver is necessary. We will advise you on the immigration laws and on whether you are eligible to adjust your status and whether you can apply for permanent residency in the U.S.
During the application process, many grounds of inadmissibility are likely to be waived. At the Law Office of Jason A Dennis, we will help you determine if a waiver is necessary in your case. Also, if your application has been denied we will help you to challenge your case so you can get a better outcome.
Our firm is dedicated to helping our clients in the entire process of their immigration process. We specialize in green card applications, adjustment of status application, green card renewal, visa application, the naturalization, and citizenship process and as well offer our help to asylum seekers. Our professional legal team can help you and your family if you are facing immigration issues. Schedule your initial consultation with us and let us see what we can do to help.
If you would like to speak to talk to an experienced NY immigration attorney you can send us an email, give us a call or fill in our contact forms.