Pursuing a green card can be a lengthy and stressful process. Being denied after spending so much time and money on your application is incredibly frustrating, but it does not mean that all hope is lost. With the help of your Dallas green card attorney, you may be able to reopen your case for a new evaluation. Before you take the next steps, though, you should understand why your case could be denied.
There are two main pathways to receiving a green card: a family member and an employer. Both of these pathways have different possibilities for denial.
Reasons for Family Green Card Denial
Family-based green cards are intended for family members of those who already live in the United States. To receive a family-sponsored green card, you will need to prove your relation to your family member. One of the most common reasons for denial is being unable to provide sufficient evidence that you’re related to your sponsor.
If your spouse is a U.S. citizen and your green card sponsor, immigration officials will interview both of you to determine whether or not the relationship is legitimate. People are sometimes denied if they do poorly during the interview, leading the officials to believe that the couple only got married to receive the green card.
Your sponsoring relative also has to prove that they have sufficient income to provide for you. If they cannot prove their financial stability, your green card can be denied.
Another reason for denial is previous violation of immigration laws or restrictions. If you have violated the terms of your immigration status in the past, you’re likely to be denied for a green card.
Your application could be denied if you have a communicable disease or a dangerous mental health disorder. A medical examination with an approved physician is part of the application process. You could also be denied if you have a criminal history, but not all crimes are disqualifying.
Reasons for Employment Green Card Denial
With an employment-based green card, a U.S. employer sponsors your application. You and the employer will have to show proof of your employment, and lack of sufficient evidence can lead to a denial.
There are a number of different employment visas with varying requirements, and failing to meet any of these requirements could be the reason for your denial. For example, many visas require you to prove that you have exceptional ability or extraordinary achievement. Standards for employment-based green cards are strict, and proving your qualifications with objective evidence can be tough.
Other Reasons for Denial
Sometimes, a problem with documentation is the reason for denial. If your application is missing any requested information, it could be delayed or denied. Translation errors for documents submitted in other languages can cause problems, too. Consulting with an immigration attorney in Dallas TX will reduce the risk of errors in your initial application.
Another common problem is incorrect or insufficient filing fees. These fees change regularly, and they vary depending on location and type of green card, so it’s easy to make a mistake.
What to Do if Your Green Card Is Denied
Receiving a green card denial is upsetting, but you have a few options. You might be able to file a motion to reopen the immigration case if you have new evidence of your family relationship or employment. You could also file a motion to reconsider if you can prove that the evaluating officer made a mistake. Some people appeal to the Administrative Appeals Office, a third party that has the power to re-evaluate the officer’s decision.
With any of these options, it’s important to work alongside your immigration attorney. Filing an appeal is a complicated legal matter and requires thorough documentation, but your immigration attorney Dallas will walk you through the process.
This article is intended to help you understand immigration basics, is offered only as general information and education, and is not legal advice or legal opinion about your specific circumstances. You should not act or rely upon the information in this article without seeking the advice of an immigration attorney.
For a comprehensive evaluation of your immigration options, you are invited to call us at 214-494-8033, or complete our contact form .