What to do when your Green card is denied
Posted on May 10, 2022
The US gives multiple types of Green Card visas for immigration. Family-based, Employment-based, and the diversity lottery. The employment-based and family-based routes have different dimensions with diverse categories varying from investment, marriage, and ancestor.
Many are fascinated to study, live, work and retire permanently in the United States, for this one requires a Green Card. The Green Card allows you to reside permanently for a lifetime in the US for some simple rules like making the US your home permanently, filing tax returns, and not committing any crime.
As we know the three types of visas to get the Green card, there are chances for denials also. Each visa carries a different set of requirements and eligibilities, so knowing the exact set will help you non-denial.
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For example, EB-5, an investment visa that comes under an employment-based visa, requires at least an 800,000 dollars investment from an authorized source of funds that should create a minimum of 10 jobs.
An EB-1C is an employment-based visa, especially for multinational managers and executives. This visa requires a manager who has overseas experience in their field for at least 1-3 years before entering the United States. If these requirements are not satisfied, then this results in a denial.
Additionally, there are a few more visa-specific conditions for denials that influence in getting Green cards for the applicants.
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No Criminal Record
You are supposed to mention in the application, but it is not that every crime will stop you from possessing a green card. Anyone who is sentenced to commit crimes will be denied a green card. Those crimes include involving drugs and prostitution-related crimes, murder-related crimes, and more. One needs to speak to an immigration attorney that may affect your application if you have a criminal record.
A document related to a medical test or a report that an authorized physician has approved must be submitted to apply for the Green Card. Sometimes the denials may occur due to some infectious disease or not meeting the vaccination requirements. Also, if one has long-term related disorders or mental health issues, many are considered for denials, as you are deemed to be a burden on the state.
The US authorities can deny the Green card if there is any suspicion of engaging in terrorist activities, surveillance, sabotage, and political revolution. Most of the time, the people involved in Nazi-related atrocities, crimes, terrorism, humanity-related crimes, and many others also face green card-related denials. This is a column or category where the applicant so not self-report. If at all a person is committed to terror offenses or war-related crimes, the US authorities can call off a Green card and can even ban entering the United States.
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Immigration offenses previously
If one attempts to enter the US illegally, either crossing the border without permission or lying on the previous visa application, your green card is denied. The immigration offenses also include failing to attend the removal or deportation or even overstaying using a visa. This offense also has if the applicant is waiting for the verdict of any court case and can be denied a green card.
Supervision of errors
Always prefer having an experienced US-licensed immigration lawyer to help prepare the burdensome paperwork to obtain a Green card. In many instances, the applicant’s related administrative errors might not go wrong. Still, it usually goes wrong with a family member or an employer when a sponsor is required. Other than these, paying the correct fee at the right time, meeting the deadlines, failing to attend an interview, or submitting the appropriate documentation might result in denials.
This kind of complex processing is exhausting, and most of the time, it gets denied. So there is always a chance to refile a Green Card application. Take guidance from an immigration lawyer for your first application or during refiling it. This avoids having hidden surprises, hassle-free to ensure the application process.
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