Obtaining a green card to enter the United States can be a great chance to build a new life there, as you have access to residency and work opportunities. Many parties present their green card applications annually, making it imperative for screening and assessment of the applications by an authorized body. Based on this, an eligibility criteria applies, against which all applications must measure up.
You may therefore receive a green card denial if your application fails to include all requirements or other factors that make you an unsuitable candidate. As a result, you need to understand the possible reasons why your green card application may be denied to make better preparations.
You can increase the quality of the information you have about the green card application process by working with an experienced immigration attorney. With an immigration attorney, you will receive high-quality legal advice and guidelines tailored to help you successfully apply for a green card.
Understanding Why Your Green Card Application Was Unsuccessful
The green card application process is available to non-citizens to help them acquire lawful access to the country and access new opportunities. However, while the application is open to the general public, only a few are successful for various reasons. The following are the top reasons you may have received a green card denial:
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Your Application Documents Have Errors
The immigration department handling your application receives hundreds of documents daily, making it crucial for the personnel to filter through erroneous applications. Eliminating inaccurate applications makes it easier to complete the approval process for efficiency, so you are likely to face denial if your documents include any errors.
For example, if you did not provide the correct photographic dimensions or failed to follow other photographic guidelines like having a clear white background, you may face a denial. Even when the sizes only vary by a small margin, the error can be the primary reason for your green card denial.
Your application may only be successful if you leave some sections empty, making it easier for the assessing officer to obtain your details. Since the instructions require you to fill out all areas applicable to your case, you are more likely to receive a denial if you fail to fill out the necessary slots appropriately.
All applications must also include supporting documents to show that your claims are legitimate and that you qualify for green card approval. For example, you may have to attach your payslips with your application to show that you fall within a specific tax bracket, as required in the green card application. Failure to do so warrants a denial response, which requires you to consider an alternative immigration solution.
Failure to translate sections of your application can also be detrimental, as it creates a language barrier that inhibits the assessing officer’s efficiency. Due to this, you need to translate all crucial documents, like your birth certificate, which may be in a different language. You should also assess all other documents to ensure they fit the required submission mode for increased chances of a favorable outcome.
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You Have a Serious Criminal History
Your criminal record is also valid for green card denial, as the accepting state does not intend to host people with a serious criminal history. While having a criminal record can be a setback, this does not preclude anyone with a record from applying.
Despite this, people with crimes of moral turpitude on their records are more likely to face denial because of the severity of their cases. Examples of these offenses include:
Murder or Manslaughter
Taking a person’s life is among the most serious criminal offenses in many countries, including the United States, bringing you under more scrutiny if you have committed murder or manslaughter. While you may have already served your sentence, the immigration department may still be reluctant to accept your application.
Their reasons for this include the fact that they strongly believe your character has not reformed completely, making you a potential threat to society. Although you may receive the denial order, you can consider exploring alternative options to help you plead your case and improve your chances of a favorable outcome.
Child or Spousal Abuse
Abusing people in a domestic setting is also a serious offense that warrants misdemeanor or felony charges. Based on this, your criminal record can be a primary reason for the denied green card application, especially if your case involved aggravating factors.
For example, a case may be aggravated if the spousal or child abuse caused the victim to seek urgent medical treatment for their injuries. Similarly, child sexual abuse is an aggravated offense, resulting in serious criminal penalties. Based on this, you may receive a denial of your application based on the immigration department’s assessment.
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You Have a Public Charge Status
A public charge is any person who relies on government benefits and support to survive, so the government must consider their needs until they can support themselves. Having a public charge status can be detrimental to your case because it demonstrates that you have insufficient funds to survive in the US.
The benefits available to people considered public charges help them access healthcare, educational facilities, and housing support. Since the government has limited funds to provide the support, they must consider some factors to determine whether accepting your application is suitable.
For example, they may consider how many assets you own, your financial status, and your marital status. Further, you may have to provide documents to show your educational progress, skills, and ability to find employment upon entering the United States.
Despite your classification as a public charge, you can present some arguments to mitigate your case and raise your chances of a favorable outcome. For example, providing evidence that a relative or your employer supports your entry into the country demonstrates financial stability.
Additionally, you can present an affidavit presenting your intended source of financial support to justify your entry into the country through a green card. However, the signed affidavit does not have to apply if your application category does not involve obtaining the supporting affidavit.
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Restrictive Health Issues
Although the green card process aims to avoid denials based on discriminatory grounds, your health may be a primary reason for a rejected application. The primary reason for this is prudent, as your physical condition may seriously affect the general public, mainly because of infectious diseases.
Your health issues may also include drug addiction, which creates more complex problems that may cause a denied green card application. For example, addiction to narcotics means you need constant access to the drugs until you can fully recover. Based on this, your application may fail to give you time for a full recovery.
Failure to meet all vaccination requirements is also a valid reason for green card denial, especially after the COVID pandemic's onset. You, therefore, need to update your vaccination information to reduce the chances of a denied visa application.
If your health condition is a public health concern, you may face rejection as a preventative measure. For example, presenting symptoms of a highly contagious virus is a serious health risk that is the primary reason for a denied green card.
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You Have Previously Violated Immigration Procedures
All applicants undergo an identity screening to ensure they have not previously violated immigration procedures, which often amounts to a criminal offense. You can thus expect the immigration office to obtain information on whether you have engaged in any prior irregularities as a guide to the current application.
For example, if you have illegally entered the US before under false pretenses, by sneaking in or bribing border officers, you can expect a rejected application as your actions violate immigration laws. Nevertheless, you can justify your previous actions if you acted in an emergency.
Additional violations may include abusing the visa application process, which often occurs if you do not meet the terms and conditions of the process. For example, falsifying your details in the past to fit the criteria in your application can be a reason for your visa denial, as it shows the possibility of your engagement in other violations in the future.
You may also miss a green card approval if you have previously failed to attend scheduled proceedings for your removal. A removal proceeding becomes necessary if the state establishes that your presence in the country is unlawful or that you have since violated other laws linked to your entry into the country. Based on all these factors, consider alternatives to a green card application for your access or file an appeal for your case.
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You are a Security Threat Nationally
National security remains a top priority in the country, making it important for immigration officers to screen your background for possible security threat alerts. This category is similar to a criminal background check in that it involves assessing whether you have previously engaged in any crimes against humanity.
The two main offenses that an immigration officer may use to establish you as a threat to national security are genocide and terrorism involvement. By screening your social media activity, criminal history, and affiliations with groups, the immigration department handling your application can determine whether to grant or deny the visa.
Subsequently, you should ensure your records do not point towards any illegal groups that propagate crimes against humanity to increase your chances of receiving green card approval. You can also report any threats you receive for failing to adhere to previous criminal group demands to protect yourself from any harm. Doing so also presents you as a reformed party that is determined to avoid involvement in crime.
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You Missed Your Green Card Immigration Appointment
Missing a previous green card appointment without a justified reason can demonstrate your disinterest in the program, marking you as inadmissible in future applications. Therefore, the previously missed work can inform the decision to deny your green card application, so you need to prepare by providing justifications for past missed appointments.
Sometimes, you may still need to present your justifications in the present green card application, so you may still receive a rejection. Despite this, you can file an appeal after receiving the rejection, during which you can present reasons for consideration in granting a green card. You need to complete the current green card appointment to avoid denial, so you want to keep a close tab on the selected dates and attend the interview on time.
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An Error Occurred in Reviewing Your Application
Some rejected applications result from errors when reviewing them and not from any fault of your own. The main reason is that a human reviewer is responsible for screening your documents, making them vulnerable to missing critical details in the application. As a result, you may receive a denial notice despite having met all requirements, including providing supporting documents.
You can request an appeal if you strongly believe that your rejection was due to human errors when reviewing them. Your immigration attorney can help you determine whether to proceed with the application, as they understand all the requirements.
Upon receiving your appeal, you can expect a corrected assessment of your previous application to certify that you met all criteria for a green card applicant. If your request is heard on time, you can look forward to re-granting your green card, giving you a chance to make travel arrangements.
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You Have Previously Missed Immigration Deadlines
Like appointments, deadlines are critical in any green card application because the immigration department works under strict timelines. As an applicant, your green card application will only be considered if you submit it late if you have a compelling reason. The immigration department reserves the right to accept or reject your application based on its current workload.
If you missed a deadline because of unclear communication between you and the immigration department, you can raise their shortcomings in an appeal. Highlighting the communication breakdown is necessary to ensure you receive a fair resolution.
What to Do After Receiving a Green Card Denial
If you believe your green card denial was unwarranted, you can pursue two main resources to request reconsideration. By presenting your request, you renew your chance of receiving a green card approval, provided your application has merit. The two main options to consider are:
Filing a Motion to Reopen Your Application or An Appeal to the Decision
As an aggrieved party, you can request the immigration department to reopen your application or appeal the decision to assess your content. You can do this if you strongly believe you met all requirements but still received a denial notice for your green card application.
When filing the motion to reopen or a full appeal to the rejection decision, you should partner with a skilled attorney to help you identify the key issues to raise. They will also help you source and consolidate your documents for justification, so you want to work closely with them.
Additionally, your appeal may require you to file formal request documents, making it necessary to work closely with your immigration attorney. If you can prepare a persuasive case to justify the reasoning behind requesting an appeal, you raise your chances of receiving a green card acceptance. However, you should remember that the immigration officer or judge handling your appeal holds discretion on whether to grant the green card acceptance orders.
Filing Your Green Card Application Afresh
Alternatively, you may wait and file your green card application again after some time lapses. The option is suitable if you cannot identify the primary reason for your rejection, making it unreasonable to file an appeal.
Upon deciding to reapply, you are better positioned to secure a positive outcome as you will work with an immigration attorney. Their help is crucial in ensuring you meet all requirements and provide all required travel documents to help you obtain your green card.
Contact an Los Angeles Immigration Attorney Near Me
Receiving a denial on your green card application can be a setback, especially if you have plans to start a new life in the US. Upon receiving the rejection, you can seek professional advice on why your application was unsuccessful. Doing so is necessary because it helps you understand the mistakes in your past application and how to rectify them. You can also establish whether you are eligible to make a new application or whether you should consider an alternative solution. Working with an immigration attorney when preparing for an application is necessary, as they provide the necessary insight and guidelines to give you better chances of a successful outcome.
At California Immigration Attorney, you will receive excellent immigration advice and support regarding a denied green card application. Our attorneys have experience handling green card applications and are prepared to assess your failed application for further insight. You can also request that we guide you through your appeal or fresh application, giving you a better chance of a successful outcome. If you or a loved one requires green card immigration services in Los Angeles, California, call us today at 424-789-8809.