I'm impressed with the caliber of your work, I really appreciate your help. There is an appeal process, but many lawyers prefer to re-file the application. Here are some reasons why your family-based green card might be denied: The family-based green card is categorized into two groups: immediate relatives and family preference categories. You cannot engage in espionage, sabotage, violate any U.S. export law relating to goods, services, or technology, or participate in any activity to overthrow the United States. Generally, you must start the case over again by refiling the I-130 petition. There are several reasons as to why the immigration administration may legally deny a green card application. Once you have filed for your green card, you are scheduled by USCIS for a fingerprinting appointment (if filing in the U.S.) and/or eventually an interview appointment (if filing overseas). This is especially true if you were unable to produce proof of your kinship or you were applying for a marriage-based green card and did poorly during the interview process. That family member needs to be either a U.S. citizen or a green card holder themselves. Your email address will not be published. Save my name and email in this browser for the next time I comment. If you filed for permanent residence through a U.S. consulate abroad and the immigrant visa is denied, the principal consular officer at the post where you interviewed reviews it. Answering yes to one of these questions without an explanation proving that you're not inadmissible could lead to a denial of your green card. An alternative is to refile your green card case. When pursuing a green card in the U.S., there is a lot on the line. Immigration Judge decides whether you get to keep your Green Card or get deported. An example of denial would be if a stepmother provided a visa petition but USCIS decided that there is not enough evidence to support the stepparent relationship, the application process will be terminated and disregarded. When the USCIS is processing your green card petition, they take a two-pronged approach. You may be able to appeal if USCIS made a mistake or misapplied the law. The USCIS has the control to decide whether you fall under a public charge by examining your age, medical health, assets, resources, family status, educational skills and financial standings during the time of your application process. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Also, you can get a green card by marrying a U.S. citizen. However, if, after this point, the denial is upheld, there is no appeal available. So answering the question, yes, a green card renewal request can be denied. Here are some of the most common green card denial reasons for the more common visas: If you don’t provide all of the information requested in each application form, this may cause a delay or denial. This can be solved by setting up a payment plan. case or situation. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. For instance, if you have violated the terms of previous immigration status such as entering illegally or overstaying to the point of being considered “out of status”, the likelihood of green card denial is high. The requirements will depend in part on whether you are consular processing or adjusting status in the United States. Failure to prove this may lead to denial. If you have been convicted of certain types of crimes, or are coming to the U.S. to commit them, your green card could be denied. Generally, this ground can be overcome by submitting the results of a medical exam. Fiance(e)s of U.S. citizens are also just a few steps away from a green card. If you applied for a green card outside the U.S. (i.e. The immigration officer will review both your immigration history and that of your spouse (the beneficiary and the petitioner) to determine if you have ever violated your immigration status. You should talk to an immigration lawyer immediately upon receiving a denial letter. Your criminal history made you ineligible for a green card. Thanks again. Some new Continue reading →, To help a parent get a green card, the eligibility requirements are generally very simple. Again, if you’re unsure of anything related to Form I-90, get in touch with a registered immigration attorney to help you out. You have probably spent a lot of time and money trying to get this green card. For a lawful permanent resident, denial of a green card renewal application can be extremely stressful. For more information, check out Nolo's articles on How to Get a Green Card. Not everyone has access to birth certificates or marriage licenses in their original form. You have violated your immigration status in the past or have otherwise been considered “out of status”, resulting in barring from re-entry. put you at more significant risk. If USCIS determines that you lied, the green card application denial will adversely affect the intending immigrant’s future attempts to immigrate to the United States. If the underlying petition is denied, your green card application will go no further. This article walks you through the definitions of these terms and how to prevent your green card renewal from being denied. If you used a language interpreter, make note of it in your application, since translation errors are not uncommon. To understand how and why green card denials happen, we need to understand what the requirements are for these immigrant visas. If your Green Card application is denied, you will need to return your EAD card (“work permit” card) within a few days. The USCIS requests that you only apply for a green card renewal within six months of its expiration. The right immigration lawyer can make a world of difference in the outcome of your case. Some categories will wait many years to get a green card. So, it’s not to be confused. Green cards last anywhere between two and ten years, and upon expiration, you are required to either apply for a renewal or leave the country. Here at Visa Nation, we have helped countless people like yourself explore successful options in the wake of a green card denial. The family preference categories for an immigrant visa include other relationships for U.S. citizens and lawful permanent residents. You can call us at (407) 818-1244 or email us here. Worst of all, the consequences of deportation are severe. When applying for a (legal permanent resident status) a medical evaluation is requested by USCIS and is done by a doctor authorized by the government. They include: The family preference category is for qualified relatives of both U.S. citizens and lawful permanent residents. In fiscal year 2018, data shows that USCIS received a total of 835,972 petitions for alien relatives (Form I-130) and also denied 52,868. Of course, attorney costs can add up quickly. U.S. citizens and lawful permanent residents can petition for a limited list of family members. She has very deep understanding on complex areas of immigration. When applying for a green card, USCIS schedules a (Fingerprinting) Biometric Interview Appointment and an interview appointment. Family-based green card cases have two major components. USCIS or the consular officer who reviews your case may determine whether you are a likely public charge by considering your age, health, family status, assets, resources, education or skills, and financial status at the time of filing. CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Your work was not deemed to be in the nation’s best interest or you were not deemed qualified to advance that work (EB-2 National Interest Waiver), Your work is seasonal and not permanent (EB-3), Your investment amount is insufficient or was considered to be acquired through illegal means. The U.S. relative that sponsors you will need to show sufficient income or assets to support you at 125% of the U.S. poverty guidelines (in addition to supporting his/her own family). Sometimes this will lead to a green card denial. Therefore, you should file the renewal application no more than six months in advance. This is called “willful misrepresentation of your true intentions” and may lead to denial. When applying for your green card renewal, it is always advised to follow the above measures. These requirements are that your I-485 must have been pending (awaiting a USCIS decision) for 180 days or more, and the new job must be the same as, or similar to, the job described in the labor certification and I-140 petition. Option 2: Regroup And Refile For Marriage Green Card Benefits. The Gambacorta Law Office is ready to help you achieve your dreams of working and living in the United States of America. Professional, responsive and transparent are a few words that come to mind when looking back at our dealing with this law firm. Citizenship and Immigration Services (USCIS) or the U.S. consulate abroad). You have invested time, effort, and money into your immigration path that cannot be replaced if lost. If your petition passes the first prong, it will go onto the second, where the officer will adjudicate your case to determine whether or not it merits a green card. Contact an immigration lawyer for assistance. We have had some questions lately about what happens if a citizenship application is denied and whether it means the applicant loses their green card. Obtaining a green card is not a simple matter of filling out a form. Citizenship and Immigration Services (USCIS) receives your application… Sometimes filing checks and supporting documents have been misplaced, names have been misspelled, date of births have been listed incorrectly and certain notices have been sent to applicant, petitioner or attorney. Two deportable crimes will result immediately in the I-90 denial. There are several crime and security affiliated questions every applicant must answer honestly. Almost every administration like USCIS and U.S. Consulates have their shortcomings. In certain cases, a waiver may be available. Under the Trump Administration’s new Notice to Appear Policy, USCIS’s authority to give you an NTA has expanded. From the very first time we spoke, Shilpa (SGM) already had in mind, a plan and methodology to approach the task at hand, making me believe it was possible. All applicants should review their own social media history to ensure statements and accounts do not conflict with the information provided in a green card application. What Happens When a Citizenship Case Is Denied. If you’re unable to sleep at night, envisioning all of the reasons why your application might be denied, remember that U.S. Working with you was easy and very quick. Get the help of an experienced immigration attorney to guide you through the process. No prepayment penalty. Your immigration history will be reviewed. Needless to say we are now pursuing our business endeavours in the USA. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Generally, this ground can be overcome by submitting Form I-864 for family-based application. She had winning ideas, creativity and excellence right from the onset which reflected upon what was filed, and the hard work and heart put into it for the resultant success. If any of the documents submitted is in a language other than English, they must be translated. Your PERM may be denied if your employer did not properly carry out the recruitment process. On top of that, a denial means that the time and cost that were invested into your green card are gone. If a judge ruled in favor of your deportation or removal from the U.S., it is referred to as “ordered removed.” Instances where you can be ordered removed are: The visa categories which are based on a “suspension of removal” like Z11, Z13, Z14, and Z15 are different from ordered removed. An example of denial would be if a stepmother provided a visa petition but USCIS decided that there is not enough evidence to support the stepparent relationship, the application process will be terminated and disregarded.