Receiving a notice of denial for your green card application can be disheartening, especially after the investment of time, effort, and financial resources into the process. But it’s not the end of the line. As an experienced immigration lawyer would advise, in many cases, you can reapply or appeal the decision. This article attempts to demystify the reasons behind green card denials and provides guidance on what to do if you find yourself asking, “If My Green Card Is Denied, Can I Apply Again? “
Comprehending the Green Card Eligibility Criteria
Before diving into the causes of denial, it’s essential to understand the fundamental eligibility requirements for a green card. The United States Citizenship and Immigration Services (USCIS) grants green cards to immigrants who meet certain qualifications:
- Family Relationships: Having an immediate relative who is a U.S. citizen or green card holder.
- Employment Sponsorship: Being sponsored by a U.S. employer for specific job roles.
- Refugee or Asylee Status: Possessing refugee or asylee status.
- Special Immigrant Status: Falling under the ‘special immigrant’ category, such as religious workers or international broadcasters.
- Long-Term U.S. Residency: Living in the U.S. before January 1, 1972, under the registry provisions.
Understanding Why Green Card Applications Get Denied
A green card application might be denied due to a multitude of reasons. Below are some common causes:
Application Errors or Omissions
Mistakes or omissions in your application can trigger a denial. This could mean providing incorrect information or failing to include the necessary documentation.
Adjustment of Status Issues
If you’re attempting to adjust your status from a visa type that’s ineligible, you might face a denial.
Criminal Convictions
Any criminal offense on your record, even minor ones, can make you ineligible for a green card.
Immigration Violations
Illegal entry to the U.S., overstaying a visa, or any immigration law violations can result in a denial.
Fraud Suspicions
If there are suspicions about the legitimacy of your relationship (for family-based green cards), your application may be denied.
Financial Difficulties
The USCIS needs to be convinced that you can financially sustain yourself in the U.S., either through personal resources or with the help of family. If you cannot provide substantial proof of financial stability, your application may be denied.
Health Issues
Certain communicable diseases and other health issues can make you ineligible for a green card.
What to Do After Your Green Card Application Is Denied?
The first step after receiving a denial notice for your green card application is to read the notice carefully. It contains crucial information about whether you can appeal the decision and how to do so.
Filing an Appeal
If you’re eligible to appeal, you can ask the USCIS’s Administrative Appeals Office (AAO) to review your case. This approach entails proving that the USCIS was incorrect in denying your green card application. To appeal, you must file Form I-290B, Notice of Appeal or Motion, and pay the associated fee, within 30 days of receiving the denial notice.
Filing a Motion to Reopen or Reconsider
If an appeal isn’t an option, you can file a motion to have your case reviewed again. A motion to reopen is suitable if your situation has changed since the initial application or if new supporting evidence has emerged. A motion to reconsider, on the other hand, is advisable if you believe the USCIS made an error in judgment or misapplied a policy or law in your case.
Refiling the Application
If all else fails, or if it makes more sense given your circumstances or the reasons behind your denial, you can start from scratch and submit a fresh application. An experienced immigration lawyer can guide you through this process, ensuring that all the issues that led to the first denial are addressed.
Choosing an Immigration Lawyer to Help
Choosing the right immigration lawyer can make a significant difference in your green card application process, especially if you’ve faced a denial in the past. A good immigration lawyer, like LaToya McBean Pompy from McBean Law, can offer invaluable advice based on their extensive experience dealing with similar cases.
LaToya’s personal immigration journey inspired her to establish McBean Law and help many families achieve their dream of living together in the U.S. Known as one of the best immigration firms in the country, McBean Law is based in White Plains, New York, but assists clients all across the country and globally.
The Road Ahead
Being denied a green card can be a challenging experience, but it’s important to remember that it’s not the end of the road. With the right guidance from an experienced immigration lawyer and a clear understanding of the reasons behind the denial, you can navigate the road to reapplying or appealing the decision more confidently. Remember, every setback is a setup for a comeback.
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