Before you immigrate to US, understand denial of Green Card applications

In pathways for immigration to US, Green Card is a visa that many people all over the world route for to work and settle in the USA. Applying for a Green Card is not going to be a walk in the park with the regulations in US immigration.

You have to be very careful while applying for the visa, as with giving information and documents. However, with professional help and due diligence, you can successfully apply and obtain a visa to work in the USA.

Now, the burning question is what if your application for a Green Card gets rejected? How would you do it right so that you don’t have to face such rejection? Here we are trying to help you to be well-informed and prepared to apply successfully and get a Green Card visa.

What’s a Green Card after all?

In simple words, a Green Card is the lawful PR card in the USA (also called Form I-551). It’s a US visa that lets you live and work in the USA permanently. A foreigner like you can enter the USA on a Green Card to lawfully live and work anywhere in the country. You can also qualify for US citizenship after 3 or 5 years of being on a Green Card.

The Green Card is the only sustainable way to immigrate to US as the visa has lifetime validity.

Advantages of the Green Card

• You are granted unlimited residency in the USA.
• You get a work permit in the USA with unlimited validity.
• You can enter and exit the USA any number of times and that too with ease without another visa or ESTA.
• You become eligible for Medicare benefits as well as other government assistance once you complete 5 years of holding a Green Card.
• You will have the right to do your studies at a US university with no risk and at up to 80% cheaper cost than without a Green Card.
• You can apply for federal loans as a student.
• Green Card holders are usually immune from travel embargoes.
• You can obtain business and commercial licenses without complications
• Members of your family (spouse and unmarried children of age less than 21 years) also get automatic eligibility for a Green Card.
• You can apply for US citizenship after 3 or 5 years as a Green Card holder.

You can get a US Green Card in the following ways:

• Via a job in the USA
• To reunite with your US relatives
• By making a large investment in a US company
• By winning the Green Card Lottery

Why would your Green Card application be rejected?

The reasons can be quite a few. Here are some of them.

You don’t have eligibility for a Green Card

Unless you belong to any of the following categories, you won’t qualify for Green Card application:

• You are sponsored by a US employer
• You have close relatives in the USA who are permanent residents or citizens there
• Your status is that of a special immigrant
• Your status is that of a refugee/asylee
• You are a victim of abuse
• You are a victim of crime/human trafficking
• You have resided in the USA since the date before January 1, 1972

Your underlying petition met with denial with USCIS

The reason for the denial of your application may be that USCIS denied your underlying petition as an applicant for a family-based/employment-based Green Card.

In case you want to apply for a Green Card based on employment, it’s necessary that you first fill out the “Immigrant Petition for Alien Worker” form or Form I-140. USCIS denies your underlying petition if you change employers or if your employer couldn’t establish a sufficient and healthy working relationship with you. With the USCIS denying your I-140 petition, it will be impossible for you to go ahead with your Green Card application.

On the employer side, it's required that your sponsor file Form I-130 or the “Petition for Alien Relative” for you if you are trying to file an application for a Green Card based on family.

You weren’t present at the application appointments you were required to attend

If you miss the Green Card visa application appointments it would become a reason for the rejection of an application. A Green Card interview and a session to collect your biometric information are scheduled by the USCIS in the process of applying for a Green Card. This interview is mandatory for you and if you fail to appear at any scheduled interview, USCIS rejects your application for Green Card. You can reschedule the appointment to avoid this rather than getting your application scrapped.

You missed the deadline for your RFE response

There’s something called RFE (Request for Evidence) which USCIS issues to you in case it needs more information from you. The USCIS will send you Form I-797E (RFE). It’s wise for you to update USCIS on the changes in your mailing address. This will help you to avoid missing important messages/requests from the USCIS which could end up in the rejection of your Green Card visa application.

You made mistakes in your application

Various types of mistakes in the Green Card applications can cause your application to be rejected. In fact, mistakes are the top reasons for Green Card application rejections. Here are some common mistakes that can cause rejection:

1. You didn’t give certified translations for any documents you submitted.
2. You gave incomplete information on any of the forms you submitted.
3. You don’t have sufficient fees to meet the cost of filing an application for a Green Card.
4. A mismatch is found in the signatures you/your sponsor gave on any relevant application forms for a Green Card.
5. There’s an issue with photographs that were submitted with your application.

Your consulate or USCIS made errors in processing

It’s possible that your local US consulate/embassy or USCIS will make an error while your application is undergoing processing. These scenarios could include either of them:

• Losing your filing fee documents/payments
• Incorrectly listing your birth date, or forgetting to send you any notices
• Misspelling your name

If an immigration agency hasn’t processed your case to immigrate to US fairly, it may be possible for you to file an appeal with the AAO (Administrative Appeals Office).

You can’t access enough financial resources The Government of the USA through USICS will ensure that when you arrive in the USA as a Green Card holder, you have sufficient financial resources at your disposal to live in the country. You won’t be allowed to become a “public charge” after immigration to US. This means that you seek your sustenance with the benefits of health and assistance provided by the US government.

If you can’t prove that you have enough funds to meet your expenses, your Green Card application may be denied.

You have a history of violation of US immigration rules or were deported from the USA

Officers handling US immigration won’t let you get the Green Card if you have a history of violation or deportation due to:

• committing fraud during immigration to US
• knowingly providing false information on documents for US immigration documents or status applications
• providing an incorrect address history or employment
• entering the USA through misrepresentation
• non-attendance of proceedings of removal for immigration
• overstay or abuse of a previous visa

What to do after Green Card visa denial?

If your application for a US Green Card is denied, it’s best to apply again by filing a new application. This time, ensure that you are doing it in a foolproof manner. In cases that involve a reason that’s more serious than a lack of documentation or a bureaucratic mistake, you will need a lawyer who can handle the complications of the US immigration system.

If you are willing to get guidance on Green Card for US immigration, talk to Y-Axis the leading immigration and career consultant in the UAE.

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