What to do when your Green card is denied

Overview:

Family-based, employment-based, and the diversity lottery are the three primary types of Green Card visas, also known as immigrant visas. The family and employment-based routes have various categories with different criteria, ranging from talent and investment to lineage and marriage.

To enjoy the permanent freedom to work, live, study, or retire in the United States, you need a green card. As soon as you own this document, you will be provided permanent residency for the rest of your life; that comes with a few simple rules, such as making the US your home, filing tax returns, and not committing a crime.

Family-based, employment-based, and the diversity lottery are the three primary types of Green Card visas, also known as immigrant visas. However, the family and employment-based routes have various categories with different criteria, ranging from talent and investment to lineage and marriage.

These differences in each category mean that the reasons for denial will mainly differ based on the eligibility requirements of the specific visa. For example, the EB-5 investor visa –an employment-based visa - requires you to invest $800,000 from a clean source of funds that provides ten jobs. On the other hand, an EB-1C Visa for the multinational executives and managers (employment-based visa) needs the manager to have been employed in a related business in the overseas category for atleast three years before the first arrival in the United States. Failure to comply with the particulars of either visa will result in a rejection.

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Additionally, there are a few common reasons for denial on the visa-specific grounds that impact all the applicants with Green Cards, including:

Administrative Errors

Applying for a Green Card requires a heavy amount of paperwork, and it is suggested to seek guidance from an experienced US-licensed immigration lawyer. If they do not pay the fees correctly, submit the appropriate documentation, and meet the deadline, it may result in rejection. In a few instances, the administrative fault may not lie with the applicant but with the employer or family member if a sponsor is required.

Previous Immigration Offenses

Your Green Card can be rejected if you previously attempted to enter the US illegally, either by lying on the previous visa application or by crossing the border without permission. The Immigration restrictions and offenses could also include failing to attend removal or overstaying your visa and deportation hearings. Even if you are bothered about the impact of the outcome of a court case, failing to be present could prove worse than any outcome.

 Health Grounds

The US needs the applicants for the Green Card to provide a report from a medical examination by a licensed physician. The basis for rejection includes if you have an infectious disease that could lead to a public health hazard in the United States that fails to meet the vaccination requirements. In comparison to this is the strong capability for denial based on you becoming a burden on the state, for example, if you suffer from mental health issues or require long-term care.

Criminal Record

A Green Card could be denied for anyone sentenced to committing a specific crime. This may include prostitution-related and drug offenses, murder, and more. You will have to reveal it in your application. It is essential to note that not every crime would stop you from acquiring a Green Card. If you don’t have a Criminal record, it is suggestible to speak with an immigration attorney to know how this might affect your application.

Security Risk

The US authorities will reject the Green Card of any suspected person seeking to be a part of terrorist activities, sabotage, espionage, or political subversion. However, suppose an individual is subsequently revealed to have performed any terrorism offenses or war crimes. In that case, they may get their Green Card revoked, face exclusion, and be banned entirely from entering the United States.

Bottom-line

Even though all of this can make the USA immigration process look complicated, there are always ways to re-file or appeal a Green Card application rejected. The correct option is to have an immigration lawyer for your primary application, resubmission, or appeal. It is imperative to be completely honest and open with your lawyer to avoid any sudden surprises and make sure that the application procedure can be as easy and smooth as possible.

Planning to Migrate to the USA  from Australia? Get guidance from Y-Axis, the leading Overseas Consultant in Australia.

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