SIMPLIFYING THE TOP REASONS FOR THE UNITED STATES’ GREEN CARD APPLICATION DENIAL

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Introduction 

The rejection of your green card petition is, of course, the most disappointing aspect of your experience. You have waited months (and even years) preparing, waiting, and hoping. It can be a devastating disappointment. But the fact remains such: an overwhelming majority of the rejections are preventable in terms of proper preparation. A knowledge of the most common grounds for petition rejection can spare you unnecessary delay and disappointment. 

Having your green card petition denied is a major worry when you are trying to get a green card. It is a complicated process that needs careful planning, attention to detail, and following strict rules. Sadly, even with the best preparation, your green card petition might still get rejected. 

A green card is so vital to building a secure tomorrow in America, and yet the process does not always work according to plan. Most believe that filling out the forms will be enough, only to be astonished further down the road when confronted with delay or denial that stands ready to reduce their plans to their very foundations. 

Each year, United States Citizenship and Immigration Services (USCIS) denies thousands of green card petitions based on lost documentation, previous immigration issues, financial issues, or prior issues. Even trivial mistakes are denied by the immigration officials, and this translates to years or months of delay.  

Therefore, familiarity with the most frequent green card rejection reasons will help you from avoidable challenges and make your chances more likely. 

Let us examine the most common grounds for denial, and how you can steer clear of them. 

Common reasons for green card petition denial and tips to avoid them 

  • Not everyone qualifies for a green card. 

Most people think that obtaining a green card is easy, but it is not always that way. The United States has laws that decide who even qualifies to apply, depending on factors such as family, work, humanitarian need, and other exceptional situations. If you apply in the wrong category or are not an eligible applicant, you can be rejected. 

You may get a green card petition denial on this ground if you file for a family green card without demonstrating you do have an existing relationship (like not demonstrating that it is a bona fide marriage). This will also be the case if you are not qualified for a work-based green card, like a lack of adequate labor certification. There are some situations where you may suffer a green card petition denial if you try to adjust status when you must go through consular processing instead. 

To avoid this issue verify the requirements of your category before you submit your green card petition. If you are unsure of your eligibility, meeting with a quality immigration lawyer will save you money and time by avoiding a rejected application. 

  • Errors in your green card petition. 

Completing a green card petition is not just filling forms but also being meticulous, systematic, and turning in the documents required. Any minor mistakes will lead to rejection or months or years of delays. This is especially if a request for evidence is issued by USCIS. 

This reason includes: 

  • Officially incomplete documents – Not filling in important sections or signing the application. 
  • Presenting false facts – Providing incorrect facts about your immigration history, family members, or financial status. 
  • Leaving documents behind – Forgetting to leave behind birth certificates, marriage certificates, divorce decrees, or any other documents that are needed. 
  • Translating to an unknown language – Presenting supporting documents in some other language that can’t be easily translated. 

To steer clear off this issue double-check all your green card petition forms prior to mailing them. Make sure you have enough proof and all the supporting documents. To catch any mistakes, have an immigration lawyer check over your application before mailing it. 

  • Failing to keep up with appointments. 

The green card process does have some very important USCIS appointments. It include biometrics (fingerprinting), interviews, and medical exams. If you fail to appear at these appointments without cancelling, your green card petition may be denied. 

Important appointments you need to attend include: 

  • Biometrics appointment – USCIS takes your fingerprints, photo, and signature for background checks. 
  • Green card interview – USCIS representatives review your case, confirm your identity, and examine your application. 
  • Medical check-up – Your health and proper vaccinations are verified by a doctor cleared by the government. 

You can avoid this issue by keeping a tab on all your USCIS appointment notices and report on time. If you are unable to make it, reschedule as soon as possible through the concerned immigration services to avoid any inconvenience. Not showing up at your interview without notice may lead to rejection of your green card petition. 

  • Money problems. 

One of the main reasons people get their green card petitions denied is not being able to show that they won’t be a financial burden on the US government. USCIS wants to see that applicants have enough financial support so they won’t need government help after getting their green card. 

Some of the forms this issue takes include: 

  • Not enough financial support – The sponsor (usually a family member) doesn’t make enough money according to the Affidavit of Support (Form I-864). 
  • No joint sponsor – If the main sponsor can’t provide enough financial support, they need to find a joint sponsor or the application could get denied. 
  • Getting government benefits – If an applicant is considered a public charge, meaning they rely on government benefits, USCIS may turn down their green card application. 

You can scale through this issue by making sure the sponsoring family member meets the financial requirements set by USCIS. If they don’t make enough money, they should find someone else to sponsor who qualifies. Providing enough financial proof, like tax returns, pay stubs, and bank statements, can help your green card petition. 

  • Health issues. 

A medical exam is a must when applying for a green card. This is because some health problems can lead to denials. USCIS wants to make sure applicants won’t cause a public health risk or need too much government medical help. 

Health conditions that can lead to a green card petition denial include: 

  • Contagious diseases – Certain illnesses, like tuberculosis (TB) or untreated syphilis, can make you ineligible. 
  • Missing required vaccinations – Green card applicants must have all the necessary vaccinations to qualify. 
  • Physical or mental disorders that could harm others – If a doctor approved by the government thinks a medical condition could hurt others, USCIS may deny the application. 
  • Drug addiction or abuse – A history of drug use or signs of drug trafficking can hurt your chances. 

To be free from this issue, go to your medical exam with a government-approved doctor and make sure you are up to date on all required vaccinations. If you have a treatable medical condition, get documentation showing you are getting treatment and that you won’t be a risk to public health. 

Get help! 

The green card petition process can be complex, and many problems can be avoided if you plan ahead and get the right help. At Gehi and Associates, we make sure your application is finished, correct, and set up for success. If you live in New York or the surrounding areas in the US, no matter if you are beginning all over or need assistance following a denial, we are available to lead you through the procedure. 

Ready to begin? Call us today and initiate your immigration process with self-assurance. Let’s work together to turn challenges into chances! 

Contact Us

Our law offices in NY offers free consultations, both virtual and in-person, for all legal and immigration matters. To schedule one, please contact us today!

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