What Are The Common Reasons Why A Green Card Application Was Denied?
Facing a green card denial can be disheartening. But don’t be discouraged. Proper guidance from an experienced immigration attorney in St. Charles, Missouri can provide clarity. Let’s explore the most common explanations why green card application was denied in Missouri.
At Gateway Immigration Law Firm, we’ve helped many navigate the complexities of green card application denials. Our aim? To understand your unique situation and craft a tailored strategy to address your needs. The immigration process might seem daunting, but with the right guidance, it’s manageable.
If you’re questioning your green card denial in Missouri, Gateway Immigration Law Firm is here to help. A denial doesn’t mean it’s the end. Often, it’s a new beginning in the right direction. Contact us today to schedule an appointment with our immigration attorneys. Together, we’ll turn this setback into a success story.
What Is A Green Card?
A green card, officially known as a Permanent Resident Card, allows foreign nationals to live and work permanently in the United States. It’s called a “green card” because of its historic green color, though the card has undergone various design changes over the years.
Holders of a green card are considered lawful permanent residents of the U.S. While they have many of the same rights as U.S. citizens, such as the ability to work and live in the country indefinitely, there are some differences. For instance, green card holders cannot vote in federal elections.
Obtaining a green card can be done through several means, including sponsorship by a family member who is a U.S. citizen or lawful permanent resident, employment, winning the Diversity Visa Lottery, or obtaining refugee or asylee status.
It’s important to note that while a green card grants permanent residency, it does not grant citizenship. However, after a certain number of years with a green card and meeting other criteria, a holder can apply for U.S. citizenship through the naturalization process.
Why Did My Green Card Application Get Denied in Missouri?
Being denied a green card in Missouri can be disheartening, especially given the dedication and anticipation invested in the application process. But understanding the main reasons for these denials can help you navigate this challenge and getting back on track toward becoming a permanent U.S. resident. Here are some common reasons why a green card application was denied:
Health-Related Issues
To secure U.S. permanent residency, you’ll undergo a medical exam by an approved physician. Your green card can be denied if you have a disease considered hazardous to the public, don’t provide evidence of required vaccinations (such as for COVID-19), are identified as a drug abuser or addict, or have a mental or physical condition posing danger to yourself or others.
Criminal History
Your green card may be denied if you have certain crime convictions or intend to commit specific crimes in the U.S., encompassing “moral turpitude,” multiple crimes, drug trafficking, fraud, and more. Answering the crime-related questions untruthfully on your residency forms, and providing a yes answer without clarification, might also lead to a denial.
Security Concerns
Your application can be declined if you intend to breach U.S. security laws, had prior affiliations with the Nazi party, participated in genocide, or were involved with groups adverse to U.S. foreign policies.
Public Charge Concerns
Your application may be at risk if it’s believed you’ll rely heavily on U.S. government aid. Several factors, such as your age, health, assets, and education, play a role in this assessment. Having a family member vouch for you with an affidavit of support can help, but factors like lacking health insurance might still jeopardize your application.
Immigration Violations
Illegal entry, deceit during entry, missing immigration hearings, or visa misuse can all lead to your application’s rejection.
Application Requirements
Ensure you’ve meticulously followed the application guidelines, as any oversight can delay or even terminate your process. The exact requirements can vary but typically include official documents like birth records, marriage certificates, or valid visa statuses.
Missed Appointments
After applying, you’ll be scheduled for fingerprinting and possibly an interview. It’s important to attend or reschedule if needed, or your green card application can be denied.
Denial of Underlying Petition
Your green card application stands on the foundational petition—either employment (I-140) or family-based (I-130). If the underlying petition is denied, the green card application process is immediately stopped.
Job Changes After I-140 Approval
If you change jobs after receiving I-140 approval, you can still continue with the process as long as your I-485 application has been pending for at least 180 days, and the new job is similar to the one that was previously approved.
Unraveling Decision-Maker Errors in Green Card Application Denials
Even the most meticulous green card applications can face denials due to oversights or errors made by immigration authorities. These missteps can occur even if applicants are eligible. Here’s a closer look at the prevalent mistakes by decision-makers that can lead to denials:
- Legal Misunderstandings: Misreading or misunderstanding laws and regulations.
- Policy Misapplications: Not correctly applying the established immigration policies.
- Document Handling Issues: Misplacing crucial documents or failing to process them.
- Administrative Oversights: Simple but critical errors, like data entry mistakes.
- Evidence Oversight: Not thoroughly considering all the evidence provided.
- Communication Challenges: Misinterpretations due to language barriers.
- Unfair Judgments: Making decisions based on personal bias or discrimination.
If your green card application was denied and you suspect it’s due to an error by the decision-makers, you’re not powerless. There are ways to challenge the decision, either through an appeal or by filing a motion to reconsider or reopen the case.
What To Do If My Green Card Application Was Denied?
A denial of your green card application is not necessarily the end of the road; there are steps you can take to address the situation. Here’s a more concise guide:
Appealing the Decision
- Check Eligibility: Not all decisions can be appealed, so it’s important to verify whether this option is available for your case.
- Time Frame: You must adhere to a specific time frame for filing an appeal, as mentioned in the denial notice.
- Follow the Procedure: Carefully follow the instructions and provide the required documents to initiate an appeal.
Filing a Motion to Reopen or Reconsider
Another possibility is filing a motion to reopen or reconsider the decision.
- Motion to Reopen: Request a fresh review of your case, including new evidence.
- Motion to Reconsider: Ask for a reevaluation using the original evidence and arguments.
- Understand the Guidelines: Review the denial notice for specific guidance on these motions.
Seek Professional Assistance
Considering the complexity of immigration laws and procedures, seeking help from an experienced immigration attorney or representative may be advisable. They can analyze your case, help you understand your options, and guide you through the process.
Call Our Immigration Attorney Now In Missouri!
Receiving a notice that your green card application was denied can be disheartening, but it doesn’t mean the end of your path to permanent residency in the United States. Understanding why your green card application was denied is the first step toward resolving the issue, and we at Gateway Immigration Law Firm are here to assist you. Our team of immigration attorneys will help you understand the reasons why your green card application was denied and guide you through the complex immigration process tailored to your specific situation.
Get in touch with us today to discuss your case and develop a strategic plan to move forward. At Gateway Immigration Law Firm, we strive to be more than just legal representatives. We aim to be your partners in achieving your dream of becoming a U.S. permanent resident.
