Reasons a Green Card Can Be Denied
Oct. 24, 2023
Many people often migrate to the United States in search of better employment opportunities and living conditions, to study, or to join their loved ones. However, there are some requirements for living and working in the U.S. as an immigrant. A green card serves as evidence that you are a lawful permanent resident and can live and work in the country. Essentially, you’re required to apply for a green card after entering the United States. Unfortunately, your application may be denied for different reasons.
Fortunately, The Law Office of Layne C. Savage can provide the knowledgeable assistance you need when navigating green card applications and denials. Attorney Layne C. Savage can evaluate your situation, investigate the reason for the denial, and tell you about your available legal options. The firm proudly serves clients across Providence, Rhode Island, Boston, Massachusetts, and surrounding communities throughout the state.
Eligibility for a Green Card
A green card is a legal document that allows a non-U.S. citizen to gain permanent residence – live and work lawfully – in the United States. In order to be eligible for a green card, you must qualify under any of the following categories:
Immediate relative of a U.S. citizen, such as a spouse, child, parent, stepchild, adopted child, or stepparent of a U.S. citizen.
Other family members of a U.S. citizen or green card holder, such as a sibling or unmarried partner.
Employment-based green cards for priority workers, religious workers, skilled workers, or advanced degree holders.
Victims of human trafficking, abuse, or other crimes.
Special immigrants, such as international broadcasters or juvenile immigrants.
Long-time residents of the United States.
Refuge and asylum.
Through the Diversity Immigrant Visa Program.
The green card application process usually involves a lot of complexities. Unfortunately, if you do not meet the necessary requirements under your category, your application may be denied.
Reasons a Green Card Can Be Denied
Here are some reasons why your green card application may be denied:
Ineligibility – You do not qualify for a green card under your category.
Health Issues – Your application was rejected based on health grounds, such as having a communicable disease, drug abuse, mental health disorder, or not taking the required vaccinations.
Application Mistakes – There are mistakes in your green card application, such as insufficient fees, incomplete information or documentation, unclear photos, or missing signatures.
Insufficient Financial Resources – Your sponsor doesn’t have sufficient financial resources to support you.
Criminal Record – You have a disqualifying criminal record or history.
Failure to Attend Immigration Appointments – You missed or failed to attend the immigration appointments or interviews.
Marriage Issues – You failed to prove that your marriage was valid and authentic.
Visa Petition – Due to your visa, you’re not eligible to apply for a green card from inside the United States.
Employment Issues – Your application may be denied due to incorrect employment or other issues with your job.
Prior Immigration Violation – You violated immigration laws or were deported from the U.S.
Thankfully, if your green card application is denied, you may be entitled to appeal the decision. An experienced Rhode Island immigration law attorney can investigate the reason for the denial and enlighten you about your possible legal options to appeal.
Your Right to Appeal
If your green card application is denied, here are your available legal options to appeal the denial:
File a motion to reconsider – if there was a procedural or legal error in your application.
File a motion to reopen the green card application. This allows you to provide new evidence to support your application.
File for Form I-290B or an appeal to the USCIS for the Administrative Appeals Office (AAO) to reconsider your application.
Refile your Form I-485, Application to Register Permanent Residence, with additional documentation to support your application.
File a motion seeking reconsideration from an immigration judge. A hearing will be scheduled to allow you to make your case.
A seasoned lawyer can determine the right appeal option to pursue and walk you through the legal procedures involved.
Seek Trusted Legal Guidance Today
Applying for a green card often involves a lot of complex procedures and paperwork. However, in the event that your application is denied, you may be able to appeal the decision. Attorney Layne C. Savage is committed to advising and guiding clients in green card and citizenship-related matters. Whether you want to apply for a green card or appeal a denial, she can guide you through the legal procedures involved to help improve your chances of a favorable outcome.
Contact the Law Office of Layne C. Savage today to schedule a no-obligation consultation with a seasoned immigration law attorney. Attorney Layne C. Savage can offer you the trusted advocacy and legal guidance you need in your green card appeals. The firm proudly serves clients across Providence, Rhode Island, Boston, Massachusetts, and surrounding communities throughout the state.