Can a Green Card Application Be Denied?


Applying for a Green Card and Denials non-immigrant

Green Card Application

US immigration laws also tend to be very strict. Whether you are proceeding with a non-immigrant visa application or are obtaining a green card, you must submit several immigration forms and supporting documents to the United States Citizenship and Immigration Services (USCIS Office). 

A foreign national who aspires to become a US green card holder and eventually a US citizen should reach out to an established law office before proceeding. If you are applying for US visas and green cards, the lengthy immigration process you will go through will, unfortunately, not always end successfully.

Consult with trusted New Jersey immigration lawyers who know the ins and outs of the immigration service and can lessen the risk of getting denied.

The focus of this article is green card applications and the possibility of getting denied. It is divided into sections, as seen below:

  • Basics of Applying for US Green Cards
  • Proceeding with a Green Card Application
  • Getting a Green Card through Marriage
  • Health Issues and Green Card Applications
  • Decisions on Your Green Card Application
  • Seeking Legal Advice and Minimizing the Risks of Denial
  • A Local Attorney from the Right Law Office

Basics of Applying for US Green Cards

A permanent resident card is more commonly referred to as a green card. This means that the cardholder has permanent resident status. An individual must apply for a green card at the United States Citizenship and Immigration Services (USCIS). Under the relevant immigration policy, a green card is valid for ten years, and lawful permanent residents may renew it after expiration.

One would proceed with an application to get a green card to become a permanent resident and avail of the benefits that come with such an immigration status. However, immigrating to the US and applying for lawful permanent residence sounds easier than it is. Immigration attorneys can attest that obtaining a green card is generally a complicated immigration process with all the paperwork involved.

Proceeding with a Green Card Application

Individuals of a different nationality who wish to immigrate and become lawful permanent residents must know the importance of consular processing or adjustment of status.

Some people are confused about the difference between a visa and a US green card. On the surface, visas are acquired before travel, while green cards are obtained after arrival. Essentially, a visa is usually a stamp in a passport that permits entry into the United States.

Foreign nationals could get a green card and legal permanent resident status through different ways, such as through the national interest waiver or getting married to a US citizen or permanent resident. An immigrant visa could jump start such a green card application, but they do not provide resident status themselves. In contrast, a non-immigrant visa will eventually expire after a set period and is not a path towards permanent residency. 

If you are of a different nationality but your fiance is either a US citizen or lawful permanent resident, you would likely be given a fiance visa. Under immigration laws, you could eventually acquire a green card through marriage.

In general, an aspiring green card holder will usually enter the United States using a visa, but not all visa holders have or will be able to get a green card. Getting the services of legal professionals is essential for you to avoid mistakes and stressful proceedings.

Getting a Green Card through Marriage

The majority of marriage-based green card applications are exempt from the country cap. Fiance visas and family-based immigration, however, can be especially tricky to deal with. As such, it is best to promptly seek legal help from seasoned New Jersey green card attorneys.

For a K-1 or fiancé visa application, it is crucial to establish that the intended marriage is real. During the interview, the immigration office will probably start by asking general questions, such as how you and your US citizen or permanent resident fiancé met when you got engaged and other details regarding visits or correspondence.

For an existing marriage, questions could be related to how the ceremony took place, the number of guests who attended, and how correspondence took place during the period when spouses are apart. In both cases, You must establish that the relationship, the engagement, and the marriage are bonafide.

Green card marriage or marriage fraud are considered unlawful under US immigration laws. More than having your application for lawful permanent residence denied, you can also face removal proceedings and be deported back to your home country.

Health Issues and Green Card Applications

Green cards can be very elusive. There is no assurance that an individual of a different nationality can get a green card since the USCIS office could deny an immigrant visa application or green card petition for various grounds, including health-related reasons.

In protecting the health of the people of the US, certain health concerns can lead to a denied green card. Having a physical or mental disorder that threatens the property, welfare, or safety of others, or having a communicable disease of public health significance, are grounds for denial of your green card application. Immigration authorities would find out about these through the physical examination necessitated by the application process.

Immigrating to become a permanent resident of the United States and applying for a green card is part of a long and tedious immigration process. It is seldom stress-free, and immigration issues can arise from many factors, including certain medical conditions.

Decisions on Your Green Card Application

It is essential to remember that not all applicants will be told whether they have been approved or denied right after the immigration interview.

Suppose everything related to your green card or visa application is in order. In that case, you will either be asked to return another day to personally pick up the document or wait for it once it is sent to you via courier. The visa will consist of a stamp on your passport. In case it is an immigrant visa, you might be given an envelope containing key documents that must be given to the US Customs and Border Protection (CBP) officer, who will greet you at your point of entry. The CBP officer will examine its contents and do the last check for problems, so make sure not to open the envelope.

On the other hand, if a problem arises related to your immigration petition, the officer will usually not deny your application on the spot. If you are inadmissible but are eligible for a waiver application, or if the problem that arose can be corrected, they will likely ask you to either apply for a waiver or provide additional materials. Some visa applications may require further administrative processing. Here, the officer will inform you of the duration of the administrative processing, which will vary depending on the circumstances of each case.

From your part, politely ask the immigration officer handling your case to put any requests in writing, stating exactly what is needed and why. If you are asked to provide additional documentation or evidence before an approval or denial can be made, make sure to comply and submit the supporting documents as soon as possible.

Seeking Legal Advice and Minimizing the Risks of Denial

Without an experienced immigration lawyer in New Jersey working with you, it is easy to get confused. You will need to fill out various USCIS forms and prepare supporting documents for immigration paperwork. This is both overwhelming and time-consuming.

Seeking legal advice from a knowledgeable and well-trained NJ immigration lawyer is highly recommended. They can explain relevant immigrant visas, help you proceed with your green card application, and minimize the risk of denial when you apply for a green card. They can likewise assist when acquiring conditional resident status through either an adjustment of status or consular processing and having conditions on permanent residence eventually removed.

For any questions about obtaining a permanent resident card or a planned green card application, give us a call.

A Local Attorney from the Right Law Office

Any foreign national with plans of immigrating, obtaining permanent residency, or proceeding with an application for citizenship in the United States must first be familiar with basic immigration policy. An experienced New Jersey immigration lawyer will know what visa types are available to you and guide you as you fill out USCIS forms and paperwork. On top of checking your immigration forms, they can also prepare you for your immigration interview and what to do after.

Seemingly simple mistakes could lead to a denial of your visa or green card application. A legal counsel from reliable immigration law firms can help you reduce the risk of rejection, prevent removal proceedings, and, given the worst-case scenario, avoid deportation to your home country.

If you wish to help family members apply for a green card and permanent residence or if you have questions related to your visa status, getting a green card, or applying for naturalization, call our New Jersey immigration law firm. Contact us at Andres Mejer Law and consult with a reliable New Jersey immigration lawyer who will look closely into your case.

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