Can a Green Card Application Be Denied?
Being Denied a US Green Card
US immigration lawyers deal with a variety of people and work on all sorts of immigration issues. Our law firm receives the most legal questions on the green card process.
A foreigner must fill out various immigration forms and paperwork to apply for a green card. Also, part of the legal process of getting a green card is gathering relevant supporting documents and preparing for an immigration interview.
A competent and hands-on Shenandoah immigration attorney can ensure that you do not commit mistakes that could lead to a green card petition denial. We can also help you avoid facing deportation proceedings or, worse, getting deported to their home country.
This article will discuss the immigration process of obtaining a green card. It is composed of the following sections:
- Looking at American Immigration Laws
- Becoming a Green Card Holder in the United States
- Proceeding with a US Green Card Application
- The Immigration Interview and Decisions
- Dealing with a Denial of Your Green Card Application
- Seeking Legal Help from a Credible Local Attorney
Looking at American Immigration Laws
US immigration lawyers are, to a certain extent, unique given the wide range of clients that they handle. They cater to foreign individuals who need an immigrant visa, a foreign national proceeding with a green card application, or an optimistic US citizen with questions about a fiance visa.
Many people are confused about the difference between US visas and US green cards. Very broadly, a visa is usually a stamp in a passport that permits entry into the United States. Meanwhile, a green card serves as proof that a foreign national can immigrate and become a lawful permanent resident.
In general, an aspiring green card holder will usually enter the United States using a visa. Still, not all visa holders have or will be able to get a green card. Certain types of tickets are valid only for specific purposes and a particular time. Other visa types, however, are immigrant in nature. This means that they jumpstart the green card process and can lead to permanent residence in the US.
Becoming a Green Card Holder in the United States
The majority of people with immigration concerns tend to be overwhelmed with immigration rules. Given its highly stringent nature, processing times are long, seemingly minor errors could have serious consequences. Whether it is a concern related to family-based immigration, applying for a green card, or preparing for your immigration interview, it is best to talk to a green card attorney in Shenandoah.
A permanent residence card, commonly referred to as a green card, is proof of one’s permanent resident status. A US green card has a validity of 10 years and may be renewed when it expires. It is also useful when there is a need to prove that an individual (the green card holder) is indeed a country’s permanent resident.
The United States Citizenship and Immigration Services (USCIS Office) is the government agency that processes US visas. Understandably, an individual of a different nationality may be denied an immigrant visa for other reasons. While immigrants would have various ways to apply for lawful permanent residence, qualifying for green cards cannot be guaranteed.
Proceeding with a US Green Card Application
Foreign nationals who intend to work in the United States for a limited time can apply for non-immigrant visas. For those with plans of immigrating, obtaining permanent residency, and eventually applying for citizenship, an immigrant visa or green card application is necessary.
Under relevant immigration policy, there are different ways for an alien to get a green card and legal permanent resident status. Whether you intend to get married to a US citizen or permanent resident or make use of the NIW, for instance, there is a particular immigration process for each case.
Fiance visas are necessary if a United States citizen would want to bring to and marry their fiancé in the United States. When getting a green card through marriage, your United States citizen fiance must have sufficient enough assets and income to support you at the required level.
Generally, US citizens must show the US government that they will support their non-US citizen spouse for approximately ten years. You must fill out Form I-864 – Affidavit of Support must be filled out to reduce the possibility of getting denied. You must show your ability to financially support the would-be immigrant spouse at a level exceeding the US Poverty Guidelines.
The National Interest Waiver
The National Interest Waiver is for alien advanced degree professionals with exceptional ability in their fields of work and study. A foreign national may apply for a green card and have the employment requirement waived by showing that your admission to permanent residency is in the national interest.
Alien of Extraordinary Ability
This visa category applies to foreign nationals with extraordinary business, science, or the arts who intend to immigrate and become lawful permanent residents of the US. Here, sponsorship from an employer and the accompanying employment or labor certification is not required to have permanent residence.
To increase the chances of getting approved, you must
- provide transcripts,
- certificates, and
- Other supporting documents proving that you are professionally distinguished in your respective field of work or study.
Suppose you have any legal questions related to these immigration rules. In that case, it is best to seek legal advice from reliable and knowledgeable Shenandoah, TX immigration attorneys early on.
The Immigration Interview and Decisions
It is helpful to note that immigration officers will not tell all applicants whether they have been approved or denied right after the immigration interview. If the problem that arose can be corrected, they will likely request further evidence and documentation.
A foreign national getting a green card through marriage, for instance, could be asked to prove that the said union was bona fide. Here, a marriage certificate will not suffice. The applicant often requested other proofs and supporting documents to prove that the union was not merely a green card marriage. Marriage fraud is unlawful under family immigration law. As such, it is vital to establish that the wedding took place in good faith.
On the other hand, the court may also not approve an immigration petition due to health reasons. The individual applying to get a green card will likely be asked to do a follow-up medical examination. If the requested paperwork is not provided, the applicant will be deemed ineligible for permanent resident status.
Dealing with a Denial of Your Green Card Application
For foreigners outside the United States, Immigrant visas may be applied at an embassy or consulate in one’s home country. If such a visa application was denied, the only course of action to take is to find out what went wrong, reapply, and take another shot at hopefully becoming a legal permanent resident.
In contrast, an experienced and aggressive Texas immigration attorney could have the case reopened. This is especially true if you can submit new information that could change the original decision. As in above, however, if this will still not turn out as intended, you may need to reapply to immigrate and become a permanent resident.
Seek Legal Help from a Credible Shenandoah Immigration Attorney
A law office specializing in American immigration can assist as you prepare various petitions and applications. Strategic solutions are necessary to make sure that you properly navigate the multiple components of admission to the United States. This would include consular matters, ports of entry, and green card applications.
If an alien is denied a green card, the next steps that must be taken depend on why the green card application was not approved. Keep in mind, however, that immigration laws can change over the years. Same-sex couples, for example, used to be ineligible for petitioning through a marriage green card. This is no longer the case.
At present, as long as the same-sex union is recognized in the state or country where it took place, they may also qualify for legal permanent residence through the above. There are the ins and outs of the green card process that could help your case. As such, consulting with immigration lawyers early on is necessary to make the most out of your green card application.
Contact Our Texas Immigration Law Firm Today
When obtaining a green card or for concerns on your immigration status, be it permanent residency or even citizenship), get the services of a reliable green card lawyer in Texas.
If you have legal questions about immigrant and non-immigrant visas, consular processing, adjustment of status, conditional green cards, or removal of conditions, call our US immigration law firm today. Contact us at Luis F. Hess, PLLC, to consult with an experienced Shenandoah immigration attorney.