Reasons You May Receive a Denial for Your Green Card Application
The U.S. government usually admits thousands of immigrants annually to their government on permanent terms. A green card or permanent resident card symbolizes the criterion of earning citizenship. To get the green card, you must go through an application process where you may receive approval for the green card application or get a denial along the way.
It’s heartbreaking to miss something on your application for your green card, especially when you have followed all the due guidelines. Regardless of your case, no need to worry because we are here to help you. We’ll ensure you rightfully acquire your green card as you deserve with our attorneys at Esani & Momin, P.C.
In this post, we shall look at the reasons for green card denial and have insights into dealing with them.
1. Ineligibility to a Green Card application
To apply for a green card, you must be eligible. Ineligibility entails the following:
- You don’t have a relative or close friend with permanent residence in America
- Your marriage is invalid
- Lack of a US-based sponsor (such as an employer or spouse)
- Insufficient resources
- Having past criminal records
- History of drug abuse
- Having certain medical issues
- If you have removal orders barring you from returning to the US
2. Failure To Attend Required Application Appointments
You must attend all scheduled meetings to qualify for the green card application. If you can’t attend due to unavoidable circumstances, make arrangements with your embassy agency to reschedule the appointment to another date.
3. Missing Request for Evidence (RFE) Response Deadlines
There are instances where the USCIS may need extra information from the applicant to help decide on the application. In that case, they’ll send you the RFE or Form 1-797E to the mailing address you provided. Sometimes the RFE gets to the applicant much later (past the deadline) or never reaches. Your application will automatically be denied if you fail to respond to the RFE.
4. Mistakes in Your Application Documents
Paperwork errors are some of the critical reasons for green card application denial. Ensure you counter-check to avoid them.
- Mismatching application photos
- Issues with your signature or that of your sponsor
- Lack of enough funds to cover the cost of the filing process
- Missing out on important information
- Failing to provide a translator for documents that are not written in English
5. Error Caused by USCIS or Your Local Embassy Agent
Sometimes the USCIS (U.S. Citizenship and Immigration Services) or your local agency can make mistakes. They may misspell your name, lose some essential documents, list your date of birth details incorrectly, etc. If any of these happen, you’ll receive a denial for your green card application.
If the application for the green card is denied, review the Notice of Intent To Deny (NOID) or any other final denial notices sent to you. If you’re confident the mistake is administrative, you can file an appeal with the administrative appeals Office (AAO). Our Sugar Land immigration attorneys can provide you with assistance concerning any of these.
What Happens if Your Green Card Application Is Denied?
When your green card application is denied, you can make an appeal, especially if the mistake is administrative. The appeal process involves the following:
- Fill out Form 1-29OB, also known as the notice of appeal form
- Pay the filing fee
- File the appeal within 30 days of the notification
- If you received the information via mail, you could file the request within 33 days of the report
- Fill out the form and indicate the motion to reopen
The other alternative if you get your green card denied is re-filing your case. It’s a more complex process requiring an immigration attorney’s services. Get one from our team who will handle your case.
Get Legal Help Today from Our Sugar Land Immigration Attorneys
We understand what it means to be denied a green card when you need it most. That’s why we have set everything aside to ensure your green card application succeeds. Our Sugar Land immigration attorneys will evaluate your reason for green card denial and prepare a defense. Our attorneys in Sugar Land, Houston, Texas, will uniquely handle your case from the start until your problem is solved.