Green Card Application Denial Reasons

Every year the U.S. authorities admits hundreds of overseas nationals as everlasting residents of the US. Everlasting residence is symbolized with a card, mostly known as a inexperienced card. However the authorities additionally denies hundreds of inexperienced card functions. There are a number of potential elements for a inexperienced card utility denial. The explanations range from no foundation for eligibility to grounds of inadmissibility to failure to correctly take care of the appliance necessities.

 
Household-based inexperienced card instances have two main elements. First, the U.S. member of the family should file Kind I-130, Petition for Alien Relative, to ascertain a qualifying relationship with the overseas nationwide relative.

Then, with an accredited I-130 petition and availability of an immigrant visa, the overseas nationwide might then apply for the inexperienced card by means of considered one of two paths: consular processing or adjustment of standing. Consular processing refers back to the utility of a inexperienced card exterior the US at a U.S. embassy or consulate. Adjustment of standing is the method of making use of for a inexperienced card whereas inside the US. Candidates use Kind I-485, Utility to Register Everlasting Residence or Alter Standing. Not each applicant might regulate standing.

RECOMMENDED: Household-Based mostly Immigration in the US

Denial Statistics

Every year U.S. Citizenship and Immigration Companies (USCIS) denies hundreds of inexperienced card functions. In fiscal yr 2021, data reveals that USCIS obtained a complete of 757,206 petitions for alien kinfolk (Kind I-130) and likewise denied 81,169.

Throughout the identical interval, USCIS obtained 288,668 family-based functions to regulate standing (Kind I-485) and denied 44,181 functions. Actually, USCIS denied greater than 16 p.c of functions. This doesn’t embody the 11 p.c that USCIS routinely rejects. Household-based functions for a inexperienced card are based mostly on a household relationship with a U.S. citizen or lawful everlasting resident.

Ineligibility Causes for a Inexperienced Card Utility Denial

U.S. immigration regulation narrowly defines eligibility for a family-based inexperienced card. Meaning there’s little or no room for interpretation. The excellent news is which you can rapidly decide in case you are eligible for a family-based inexperienced card.

U.S. residents and lawful everlasting residents can petition for a restricted listing of relations. However not all relations are eligible for this privilege. U.S. residents might petition a partner, son, daughter, brother, sister or guardian. A lawful everlasting resident might solely petition a partner or single son or daughter.

It isn’t potential to immediately petition one’s grandparents, aunts, uncles, nieces, nephews, and extra prolonged relationships by means of the family-based system.

Speedy Family members

A limiteless variety of immigrant visas (inexperienced playing cards) will be issued to immigrants who’re speedy kinfolk of U.S. residents. In different phrases, there’s at all times an immigrant visa out there for the partner, single little one (beneath age 21) or guardian of a U.S. citizen. Though there’s “no wait” for a direct relative immigrant visa, there’s nonetheless a course of that can almost definitely take a number of months. However guidelines apply to every relationship kind. The speedy relative classes embody:

• IR1: Partner of a U.S. citizen (together with same-sex {couples} whose marriage is authorized within the state or nation the place it came about)
• IR2: Single little one (beneath 21 years of age) of a U.S. citizen
• IR3: Orphan adopted overseas by a U.S. citizen
• IR4: Orphan to be adopted in the US by a U.S. citizen
• IR5: Mum or dad of a U.S. citizen (who’s not less than 21 years outdated)

Petitioning a relative with an adoptive relationship will be difficult. The adoption will need to have taken place earlier than the kid reached the age of 16. All immigration guidelines governing pure mother and father and kids apply to adoptive kinfolk, however there are some further procedures to be adopted. When petitioning a relative with an adoptive relationship, it’s usually finest to seek the advice of with an immigration lawyer.

Fiancé(e)s of U.S. residents are additionally only a few steps away from a inexperienced card. The couple might get married exterior the U.S., after which the overseas nationwide partner might apply because the partner as a U.S. citizen. But when the fiancé is abroad and the couple desires to get married within the U.S., they need to first apply for a nonimmigrant visa known as a Okay-1 fiancé visa. After marriage within the permitted 90-day interval, the overseas nationwide partner might regulate standing to everlasting resident.

Household Desire

The household choice classes for an immigrant visa embody different relationships for U.S. residents and lawful everlasting residents. Congress places numerical limits on immigrant visas for the household choice classes. In different phrases, a restricted variety of inexperienced playing cards can be found to household choice candidates every year. Some classes will wait a few years to get a inexperienced card. Immigration regulation prioritizes household choice classes within the following order:

• F1: Single, grownup little children (age 21 or over) of U.S. residents
• F2A: Spouses and single youngsters (beneath age 21) of everlasting residents
• F2B: Single grownup little children of everlasting residents
• F3: Married little children (any age) of U.S. residents
• F4: Brothers and sisters of grownup U.S. residents

Should you don’t match the speedy relative or household choice classes above, don’t apply. USCIS will definitely deny the petition. Small lies and fabrications of the reality will complicate your issues. If USCIS determines that you simply lied, the inexperienced card utility denial will adversely have an effect on the intending immigrant’s future makes an attempt to immigrate to the US.

Inadmissibility Causes for a Inexperienced Card Utility Denial

Even in case you match an eligibility class, a floor of inadmissibility could cause a inexperienced card utility denial. It goes with out saying that immigration officers will deny a inexperienced card to spies and terrorists, however atypical individuals with sure illnesses and monetary conditions can even get denied. Candidates should reveal that they don’t pose a hazard to U.S. society on monetary, well being, safety, immigration violation, or prison grounds.

• Monetary

  The U.S. relative that sponsors you’ll need to point out enough earnings or property to help you at 125 p.c of the U.S. poverty tips (along with supporting his/her family). Should you can’t help your self, this measure helps to make sure that you received’t rely on authorities help. Usually, this floor will be overcome by submitting Kind I-864 for family-based utility.

• Well being

  The U.S. authorities may even require you to get a medical examination performed by a USCIS designated doctor. The examination is required to ascertain that an applicant just isn’t a public well being danger corresponding to a service of a illness that presents a public well being danger, or having a harmful bodily or psychological dysfunction. Usually, this floor will be overcome by submitting the outcomes of a medical examination.

• Immigration Violations

  Your immigration historical past might be reviewed. Immigration officers will probably deny your inexperienced card utility you probably have overstayed a visa by six months or extra, or you probably have ever entered the nation unlawfully. Speedy kinfolk who’re current within the U.S. can usually regulate standing after an overstay.

• Legal Document

  You’ll definitely run into issues you probably have dedicated sure crimes, like aggravated felonies, drug crimes, or acts of terrorism. In sure instances, a waiver could also be out there. Contact an immigration lawyer for help.

For a extra complete take a look at the varied classes, see the grounds of inadmissibility. A waiver, a type of authorized forgiveness, could also be out there in some instances, however these require cautious evaluation and documentation, finest supplied by an immigration lawyer.