The Cato Institute estimates that approximately 34.7 million green card applications were pending at the beginning of this fiscal year. Undoubtedly, among them are applicants desiring better economic opportunities, reunification with family, or refuge from persecution or conflict.
A green card holder is a lawful permanent resident (LPR) with the legal right to work and live permanently in the US. They can own property, receive financial assistance for their education, and join the Armed Forces.
However, before enjoying these benefits, they must overcome a complex application process that often leads to a high rate of green card denials. A denial can potentially cause significant setbacks for an applicant, extending the application processing timeline.
This article will help you understand the common reasons for denials and practical ways to avoid them. Knowing this can help increase the chances of green card success.
Eligibility Issues
A green card application must meet certain eligibility requirements. These are usually based on your situation and will determine the eligibility category under which your immigration petition should be filed such as:
- Family-based
- Employment-based
- Refugee/Asylum
- Diversity Visa Lottery
Your application could be denied if you apply under the wrong category or fail to meet the category’s specific eligibility criteria. Examples include:
- Lack of proof or insufficient qualifying relationship documentation
- Inability to meet employment-based requirements
- Failure to get the required consular processing when applying through adjustment of status
Thoroughly understanding eligibility requirements can help you avoid this common reason for denial. If you are uncertain what they are, consult an experienced immigration attorney.
Incomplete or Incorrect Application Forms
Uncertainty about your eligibility category and its requirements can result in you using incorrect forms for your application. Doing so, or having inaccurate or inconsistent information after completing the correct forms can lead to immediate rejection, delays, or Requests for Evidence (RFE) from the United States Citizenship and Immigration Services (USCIS). Denials can occur for the following reasons:
- Missing forms or supporting documents
- Incomplete answers
- Incorrect personal information
- Foreign documents submitted without a full English translation
Double-checking all forms before submission can increase the likelihood of immigration approval. You may also want to consider professional assistance or document preparation services.
Lack of Supporting Documentation
The USCIS requires applicants to provide evidence or supporting documentation to verify their eligibility for permanent residence. This is a significant factor in the review process and insufficient or lack of supporting documentation can result in green card denials. Supporting documentation may include:
- Relationship proof for family-based applications
- Proof of financial support through Form I-864, Affidavit of Support
- Evidence of qualifications or work authorization for employment-based applications
Submitting properly organized evidence and all required documents, as per the USCIS checklist, can help you avoid visa rejections.
Health-Related Grounds
Green card applications can be denied due to health-related grounds because of diseases, or conditions that could be a public health and safety risk. Applicants are required to pass a medical exam with a government-approved civil surgeon. Reasons for denial based on health-related grounds could include:
- Communicable diseases
- Missing vaccinations
- Drug addiction
- Mental or physical condition that may be a public risk
Preparing for the medical exam, completing required vaccinations, and disclosing health information honestly can help you avoid health-related denials.
Criminal History and Security Concerns
Applicants could be deemed inadmissible to the US based on criminal history or security concerns. Certain crimes, especially those involving moral turpitude (CIMT) or aggravated felonies, can automatically lead to denial including criminal convictions for:
- Drug trafficking
- Fraud
- Money laundering
- Sex crimes
Terrorism or affiliation with criminal organizations are considered national security concerns and could also be grounds for denial. It’s best to disclose all criminal history and seek legal counsel for waivers or relief options, if applicable.
Public Charge Grounds
The USCIS may deny applicants likely to become financially dependent on government benefits after entering the country. The government assesses their future financial self-sufficiency based on:
- Income
- Assets
- Health
- Education
- Family status
Applicants must demonstrate financial stability and ability to support themselves and may provide affidavits of support if required.
Fraud or Willful Misrepresentation
If an applicant deceives US immigration authorities or makes false statements about their green card eligibility, they are usually denied due to fraud, or willful misrepresentation. Denials on these grounds can also have significant consequences for future immigration applications including inadmissibility. The following constitutes fraud or willful misrepresentation:
- Providing false information
- Concealing information
- Using fake documents
- Abusing the immigration process
Being truthful and transparent in all application materials can help you avoid this. However, if you are denied on these grounds, consult an experienced immigration attorney. They will understand your options and navigate the complexities of a waiver application.
Missed Deadlines and Failure to Attend Required Appointments
There are strict deadlines at various stages of the green card application process. You can delay your application if you:
- Miss submission deadlines
- Fail to attend required appointments and interviews
- Fail to respond to requests for information.
In some cases, these oversights can lead to outright denial of your application.
Track all deadlines carefully and attend all USCIS appointments. If you miss a deadline or appointment, but believe you have a valid reason, seek legal advice. An attorney will provide you with options including a request for reconsideration, appeal, or refiling.
Prior Immigration Violations
The USCIS carefully reviews past immigration records, and any violations can result in denial or removal proceedings. Examples of prior immigration violations that could lead to inadmissibility include:
- Criminal convictions
- Unlawful presence
- Visa overstays
- Deportations
These can complicate eligibility and usually require legal guidance to address inadmissibility issues or apply for waivers if eligible.
The Right Legal Expertise to Avoid Green Card Denials
Understanding the most common reasons for green card denials outlined above can help ensure you use appropriate strategies during your application process to prevent them. These should include careful preparation and honesty. However, the key to overcoming immigration challenges that could potentially jeopardize your application is having the guidance of an experienced immigration attorney.
At Vanderwall Immigration, we’re dedicated to providing knowledgeable effective legal guidance through what is often a complex, stressful process. We offer affordable prices for our services and flexible payment plans to help you achieve your immigration goals. Contact us for a consultation to start your journey toward the life you dreamed of for yourself and your family.
