Avoid your green card being denied

Securing a green card is a significant step toward establishing a permanent residence in the United States. However, the path to obtaining this coveted benefit can be fraught with challenges.

To help clients and migrants seeking this document, we will explore some of the most common mistakes that applicants make, leading to their green card applications being denied. Understanding and avoiding these pitfalls can greatly improve the chances of a successful green card application process.

HOW TO GET A GREEN CARD TO LIVE IN THE US?

 RIGHTS AND RESPONSIBILITIES OF A GREEN CARD HOLDER

UNDERSTANDING ADJUSTMENT AND CHANGE OF STATUS

1) Mistakes in Document Submission

Submitting incomplete or inaccurate documents is a prevalent issue in green card applications. Errors such as missing signatures, outdated forms, or incomplete financial documentation can lead to delays or outright denials. To ensure a smooth process, applicants must meticulously review and submit all required documents as per the guidelines provided by the U.S. Citizenship and Immigration Services (USCIS).

That is why it is so important to hire an experienced immigration attorney. Although you can, in theory, file a green card petition by yourself in some cases, we don’t recommend it.

2) Inadequate Supporting Evidence

Insufficient supporting evidence is another stumbling block for many applicants. Failing to provide comprehensive proof of eligibility, such as relationship documents (in case of family-based visas), employment records, or financial statements, can raise red flags during the review process. The same goes for responding to RFEs and NOIDs.

Applicants should be thorough in assembling and presenting all required evidence to strengthen their case. Here at AG Immigration, our paralegals can assist you throughout this process.

For marriage-based green card applications, immigration authorities scrutinize the validity of the marriage. Lack of evidence proving a bona fide marital relationship can lead to denial, both for issuing the K-1 or K3 visas or removing the conditions on the initial green card.

3) Failure to Meet Deadlines

Timeliness is crucial in the immigration process. Missing deadlines for submission or response to USCIS requests can result in application denials. It is imperative for applicants to carefully note and adhere to all specified deadlines, ensuring that their case progresses smoothly through the various stages of the green card application process.

Missing scheduled biometrics appointments or interviews without a valid reason can lead to a green card being denied too.

4) Inaccurate or Incomplete Information on Forms

Providing inaccurate or incomplete information on USCIS, Department of Labor, or Department of State application forms is a common error. From personal details to employment history, any discrepancies can lead to denials. Applicants should double-check all information before submission, seeking assistance if needed, to ensure accuracy and completeness.

5) Lack of Legal Representation

Navigating the complexities of immigration law without professional guidance is a risk many applicants take. Engaging the services of an experienced immigration attorney can significantly reduce the likelihood of errors and enhance the overall quality of the application.

For example, an immigration lawyer can help applicants understand legal nuances by thoroughly analyzing their cases, identifying potential obstacles, and offering specific guidance. In addition, a lawyer can prepare and submit the documentation in a professional manner, increasing the chances of approval. In cases of immigration interviews, the presence of a lawyer can be crucial to providing adequate answers and dealing with any problems that may arise.

6) Overlooking Inadmissibility Issues

Certain factors, such as criminal convictions or health-related issues, can render an applicant inadmissible. Overlooking these issues or failing to address them appropriately can result in denial. Seeking legal advice to address potential inadmissibility concerns is crucial before initiating the application process.

Certain criminal convictions may make an individual ineligible for a green card. Serious offenses, such as drug trafficking or crimes of moral turpitude, can result in a denial.

Green card applicants are also required to undergo a medical examination. Health conditions that pose a threat to public safety or require extensive medical treatment may lead to inadmissibility.

If the government believes an applicant is likely to become a public charge (dependent on public assistance), the green card application may be denied.

Providing false information or documents, or attempting to deceive immigration authorities, can result in a denial. This includes misrepresentation during interviews or on the application forms.

Individuals who violate their nonimmigrant status or overstay a visa may face challenges when applying for a green card. Unauthorized employment or other violations can be grounds for a green card to be denied.

Applicants for certain green card categories, such as family-sponsored and employment-based, must demonstrate continuous residence in the United States. Extended periods of absence may lead to their green cards being revoked or denied, when applying for a renewal.

7) Ignoring Updates in Immigration Policies

Immigration policies can undergo changes, and applicants must stay informed about any updates that may impact their cases. Failure to align the application with the latest policies and requirements may lead to a denial. Regularly checking for updates on the USCIS website or consulting with legal professionals can help applicants stay abreast of any changes.

8) Incorrect Fee Payments

Improperly handling application fees is a frequent oversight. Paying the incorrect amount or omitting necessary fees can lead to delays or denials. Green card applicants should carefully follow the USCIS fee guidelines, ensuring that all required payments are accurate and submitted with the application.

Securing a green card is a milestone that requires careful attention to detail. By avoiding these common mistakes, applicants can enhance their chances of a successful application process. Seeking professional guidance, staying updated on immigration policies, and providing accurate and comprehensive documentation are essential steps toward achieving a positive outcome in the green card application journey.

US green cards and work visas

This is the best time in history for those who want to live and work in the US. If you are a professional seeking an EB-1A or EB-2 NIW visa, as well as other types of green card, fill out our form to receive an initial evaluation of your resume.

And if you represent a company or organization seeking to hire immigrant workers via work visas such as EB-3, L-1, H-1B, H-2A, H-2B, O-1, P-1, and others, then please contact us via our Corporate page or send us an e-mail via info@agimmigration.law. Our Corporate Department is ready to assist you and your company with anything you need.