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Immigration Resources

My Green Card Got Denied: Now What?

Posted by Kripa Upadhyay | Nov 17, 2021

Applying for a green card in the United States takes a great deal of time and effort. The resources that you put into your application can be costly, and a denial can cause you to suffer financial losses as well as affect your future plans. A green card denial is issued by the United States Citizenship and Immigration Services when your case is rejected due to some reason that will be noted on your denial form.

Receiving a notice that your green card application was denied is devastating and may cause you to wonder what steps you should take next. The USCIS will inform you of the reason for the denial, and you may be able to seek an appeal depending on why the petition was denied. Navigating through this process on your own is challenging and may be detrimental to your case. If you desire an appeal for your green card denial, seek assistance from an experienced immigration attorney.

5 Reasons Your Green Card Was Denied

After you've put time, effort, and money into your green card application, getting a denial can be frustrating. When you receive your denial notice, the USCIS will provide details on why your petition was denied. Analyzing the reasons for your denial can help give you ways to combat and appeal the decision. The following are a few reasons why your green card application may have been denied.

Lack of Evidence

Whether you are applying for a family-based green card or an employment-based green card, you will need to provide detailed information and evidence to support your claim or qualifiable reason for immigrating to the United States. If the USCIS finds that the information you offer is either not enough to support your reason or shows signs of fraudulent information, your application will be denied.

Unfavorable Timing

In some cases, you will need to be careful about when you apply for a green card. If you apply too early or fast for one, you may be seen as trying to manipulate the system to stay in the United States. For example, if you visit the United States and within 60 days are getting married to a citizen of the United States and then request a green card, your relationship may not be recognized or need more evidence to prove.

Financial Issues

For family-based green card petitions, the financial obligations and ability to sponsor relatives is an essential piece of evidence. If the sponsoring individual cannot show that they have a sufficient income or assets to support the sponsored family member, you may not be able to qualify for a green card.

Health Problems

If the United States government determines that the foreign national has a severe health or behavioral condition, they may be denied the green card application. In order to make sure the individual does not have a contagious disease, infections that could harm those living in the U.S., or dangerous physical or mental disorder, a beneficiary is required to undergo an immigration medical examination. Only if they pass this examination can they qualify for a green card in the United States.

Past Criminal Record

While some common crimes may be admissible and overlooked depending on your circumstances, other crimes can cause your green card application to be denied. When you work with an immigration lawyer, you can identify these issues and provide information that may appeal to your application.

Sometimes, you may not be aware of the issues in your green card application until you get the denial letter. Working with an experienced attorney to help provide the necessary information for a successful appeal can be highly beneficial and help you qualify for a green card.

Can I File an Appeal or a Motion for a Denied Green Card?

Suppose you receive an unfavorable decision from the USCIS and wish to request a different authority to review the application. In that case, you may seek an appeal or motion for a denied green card. You may provide more information on the reasons you were denied or explain the circumstances for the lack of information. Depending on the jurisdiction of your immigration case, you will either send your application for an appeal to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice.

For most individuals, you will have around 30 days from the decision date to appeal your denial with more evidence or information on your case. It is vital that you contact someone familiar with the appeal process to help guide you through the information and evidence you'll need to gather. Doing this can help you save time and effort, as well as provide documentation that can grant you a successful appeal.

Seek Help from a Dependable Immigration Attorney at Orbit Law

At Orbit Law, we understand that a denied green card application can be disorienting and frightening. We will help you through this process and offer our resources and knowledge to assist with your appeal. With over ten years of experience guiding our clients through immigration law in the United States, we are confident in our ability to help you and your case.

Call (206) 312-8086 or fill out our contact form to learn more about how we can help you.

About the Author

Kripa Upadhyay

Kripa Upadhyay Founder/Attorney [email protected] EDUCATION Seattle University School of Law, Seattle, WA, Juris Doctor (JD)  May 2007 ADMISSIONS Washington State Bar Association: Admitted May 2008 U.S District Court for the Eastern District of Washington: Admitted 2009 U.S...