There is a lot at stake in the pursuit of a green card in the United States. You have invested time, effort and money into your immigration path that cannot be replaced if you lose it. This is why it can be so devastating to refuse a green card. For those who are in the middle of rejection or want to avoid one altogether, this post is for you. Check out some of the most common reasons for a green card rejection and what you can do if you’ve already received this fateful letter.
To understand how and why green cards are denied, we need to understand the requirements for these immigration visas. There are two main categories of green cards, which are obtained from a sponsoring family member and from a sponsoring employer.
Family-based green cards
To receive a family-based green card, a family member must sponsor your visa. This family member must be either a US citizen or a green card holder. You must prove your relationship with this person if you hope to receive a green card from them.
You can also get a green card by marrying a U.S. citizen. These are in high demand because as a spouse of a US citizen you are a direct relative and give you top priority when it comes to family-based green cards. However, due to the potential abuse, USCIS will interview you and your spouse to determine if your relationship is legitimate or just a fraudulent attempt to obtain a green card.
To receive a family-based green card, all you need to do is have your sponsor submit an I-130 visa on your behalf, along with registration fees, supporting documents and proof of family relationship.
Grounds for refusal
Compared to employment-related green cards, these are relatively simple. You are either a relative of a US citizen or a green card holder or not. Here are some reasons why your family-based green card may be declined:
Lack of evidence of good faith family relationships
The family-based green card is divided into two groups: immediate relatives and family preference categories. You must meet one of the two before you can qualify for a family-based green card. If this is not proven, it can lead to rejection.
Category of immediate relatives
Those in this category are the direct relatives of US citizens. They include:
- Spouse of US citizens: IR1
- Unmarried children under 21 of US citizens: IR2
- Orphans adopted by US citizens abroad: IR3
- Orphans to be adopted by U.S. citizens in the United States: IR: 4
- Parents of US citizens (must be at least 21 years old): IR5
Category of family preferences
The family preference category applies to qualified relatives of both US citizens and lawful permanent residents. They include:
- Unmarried daughters and sons of US citizens aged 21 and over: F1
- Spouse and unmarried children () under 21 with permanent residence: F2A
- Unmarried adult daughters and sons of permanent residence: F2B
- Married daughters and sons (of all ages) of a US citizen: F3
- Sisters and brothers of a US citizen (the US citizen must be at least 21 years old): F4
It is not enough to have only the family relationships defined above. You need strong evidence to prove this. Your relationship with your family member can be considered less legitimate. This is especially true if you were unable to provide proof of your relatives or if you applied for a green card for marriage and did so badly during the interview process.
Submission of a marital green card petition shortly after arrival
While your marriage to a U.S. citizen or permanent resident may qualify for a family-based green card, this may raise the red flag at the wrong time. This can be the case, for example, if you entered the USA on a tourist visa and marry a US citizen or permanent residence within 60 days of your arrival and apply for a green card.
This rushed process can portray you as someone who intended to purchase a green card at the start of the non-immigration visa application process. This is known as a “deliberate misrepresentation of your true intentions” and may lead to rejection.
A family-related green card application can be rejected for financial reasons if the sponsor does not prove that they have sufficient income or assets to provide for the sponsored family member. This must be proven with an affidavit that must at least reflect 125% of the HHS poverty guidelines. This is to avoid a situation in which the sponsored family member is publicly charged after arriving in the United States.
Violation of immigration regulations
The Immigration Officer reviews both your immigration history and that of your spouse (the beneficiary and the petitioner) to determine whether you have ever violated your immigration status. For example, if you violated previous immigration status, such as For example, against illegal entry or exceedance until you are classified as “out of status”, the probability of a green card refusal is high.
Rejection for health reasons
The U.S. government wants to ensure that the foreign beneficiary has no communicable diseases, dangerous mental or physical disorders, or infections that could endanger the lives of citizens, residents, and visitors to the country.
For this purpose, the beneficiary must undergo a medical immigration examination, which, depending on the beneficiary’s location, must be carried out by a doctor appointed by a US embassy or consulate, or the USCIS. If the results show that the person has a serious health or behavioral condition, this can lead to a rejection.
Your family-related green card petition could be refused if it is determined that you have a criminal history for certain crimes. Some of the most common inadmissible crimes are drug-related crimes, serious crimes, and involvement in terrorism.
For the most part, the first reason is the most common. Not everyone has access to birth certificates or marriage certificates in their original form. Without these documents, it can be difficult to prove your relationship with the US citizen or green card holder who sponsors you. If you do not have the required documents, contact your immigration lawyer In front Petition for the green card to see if you should expect rejection and to evaluate your options.
In addition, many mistakes are often made in a marriage-based green card interview. Answers that are fictitious or inconsistent set red flags for immigration officials and can lead to your green card being rejected. Your lawyer can coach you through the interview process, provided your relationship is really legitimate.
Employment-based green cards
These immigration visas are issued depending on the occupation or occupation. In many of these cases, a US employer must submit your petition on your behalf. However, there are some that you can use to submit petitions yourself. For those who need an employer, you need to demonstrate that there is a legitimate relationship between employer and employee.
Your employer may also need to get a PERM job certificate for you. This is a complicated process in which your sponsor has to run advertising campaigns for your job and actively interview potential applicants.
In order to receive an employment-related green card, your sponsor (whether you or your employer) must submit an I-140 along with the required fees, receipts, and evidence that your lawyer can provide.
Grounds for refusal
Unlike family-based green cards, these are not that easy. There are many different visas and each one has different requirements. Your green card can be rejected if one of these requirements is not met. Here are some of the most common reasons for refusing a green card for the more common visas:
- You do not have enough evidence of exceptional performance or outstanding research results (EB-1A and EB-1B).
- According to USCIS (EB-1C) standards, they are not considered multinational managers.
- You do not have enough evidence to prove your exceptional skills (EB-2).
- Your work was not considered to be in the best interest of the country or you were not considered to be qualified to advance this work (EB-2 National Interest Waiver).
- Your work is seasonal and not permanent (EB-3)
- Your investment amount is insufficient or was considered to have been acquired illegally (EB-5).
- Your PERM can be denied if your employer has not properly performed the hiring process.
- Due to your criminal history, you are not entitled to a green card.
- You have violated your immigration status in the past or have otherwise been classified as “out of status”, which has blocked your re-entry.
Other reasons for rejecting family-based and employment-related green cards
Missing information in your application forms
Failure to provide all of the information requested in each application form may result in a delay or rejection.
Document translation problems
If one of the submitted documents is in a language other than English, it must be translated. This includes birth and marriage certificates and other relevant evidence. The translator must also certify the translated version, stating his name, address and the date of completion of the translation.
Insufficient registration fees
Since the fee structure changes frequently and the locations to which the fees are to be sent can be confusing, it is easy to pay incorrect fees during your green card petition. To avoid this, you need to review the required fees for each application form and pay in full.
Can the reasons for the inadmissibility be dispensed with in order to avoid rejection?
While there are some grounds for inadmissibility, in some cases no waiver is foreseen. Remember most of them Reasons of inadmissibility apply to both family-based and employment-related green card categories.
Types of grounds for inadmissibility that can be waived:
- Communicable health conditions like tuberculosis
- Mental or physical disorders that can harm the wearer and others
- Incomplete vaccinations
- Condemn a crime related to moral confusion
- Violation of immigration laws
- Suspected likelihood of becoming a public indictment
Note that the U.S. Department of Homeland Security has made a legal decision as to whether or not to do any of the above. The waiver application is processed on a case-by-case basis and is determined based on the specifics of each applicant.
Types of grounds for inadmissibility that cannot be waived
- Drug addiction or abuse
- Drug trafficking
- They were spies
- Participation in terrorism
What to do if you have received a green card rejection?
If you get this dreaded green card rejection notification, There are a few options You may be able to take depending on your situation.
First, you may be able to file a legal request to reopen or reconsider your case. A request to reopen your case should be made when new evidence or documents become available and may change the outcome of the case when it is reopened.
A re-examination request will be made if you and your lawyer believe that the evaluator has made a mistake in the decision made in your case and you have a solid legal argument to override the decision to reject your green card can submit.
Alternatively, you may appeal to a third party to make the decision that Administrative complaints office. However, the AAO has a long track record of joining the valuation officer in the event of a green card refusal.
In any case, you should never try to use any of these complicated legal methods without the help of a qualified immigration lawyer.
Is there a difference between rejection and rejection?
Yes. In the world of immigration law, terms that appear synonymous often have very specific meanings. In this case, denial and rejection, although they are very similar words, relate to different things.
When USCIS processes your green card application, it takes a two-pronged approach. The first step was for an official to review your case to determine whether all of the required information in your petition is present and consistent, whether you have the necessary evidence and documents, and whether the relevant fee has been paid. If your petition fails one of these tests, it will likely be rejected (although you may be asked to provide evidence if you don’t have any documentation).
If your petition exceeds the first pen, it will be transferred to the second, where the official will decide your case to determine whether or not he deserves a green card. If your petition does not pass this stage, it will likely be rejected.
How our lawyers can help
Obtaining any type of visa refusal can be devastating, especially if you have plans or family members in the United States that you may be separated from by this process. Furthermore, a rejection means that the time and costs that have been invested in your green card are gone. If you have received a green card rejection or would like to avoid it, the best thing to do is to hire a lawyer to help you with the next steps.
Here at Visa Nation, we’ve helped countless people like you explore successful options after a green card is declined. To ensure that you make the best decisions regarding your case, you can fill out our contact form and we will plan your advice.
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