Green Card Denial
Discovering that your green card application has been denied can be very upsetting. After months or even years of effort and expense, receiving a denial letter in the mail often leads to shock, confusion, and uncertainty about next steps. As an immigrant seeking lawful permanent residence in the United States, having your green card application denied may leave you wondering, “Can I apply for a green card again?”
The good news is that in many cases, a green card denial does not have to be the end of your immigration journey. Depending on the details of your case, you may well have options to reapply and have your green card approved on a subsequent attempt. However, going through the appeals process and putting together a winning application after an initial denial typically requires sound legal guidance.
LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by starting McBean Law. If you need help with your or a loved one’s green card, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of top immigration lawyers who are here to help you appeal a denied green card.
Why Are Green Card Applications Denied?
Green card applications fail for a variety of reasons. Some of the most common grounds for denial include:
Errors or omissions on the application - Failing to include required documentation or providing incorrect information can easily trigger a denial.
Issues with adjustment of status - Attempting to adjust status from a visa type that is not eligible often leads to denial.
Criminal issues - Any criminal offense on your record, even a minor one, can make you ineligible.
Immigration violations - Entering the U.S. without inspection or overstaying a visa can cause problems.
Fraud suspicions - Raising any suspicions about the legitimacy of your relationship (for family-based green cards) may lead to denial.
Financial problems - If the sponsor cannot prove their ability to provide financial support, denial is likely.
Health issues - Certain communicable diseases and other health problems can make applicants ineligible.
Thoroughly understanding the root cause of your green card denial puts you in a much stronger position to address any issues or shortcomings in your case and reapply with better odds of approval.
Can I Appeal a Green Card Denial?
In many cases, appealing a green card denial is possible and represents your best chance for having the decision reversed. However, strict deadlines and complicated legal processes apply, which is why partnering with an experienced immigration attorney is so crucial.
To appeal, you must file Form I-290B, Notice of Appeal or Motion, along with the appropriate fee. This must occur within 30 days of receiving your denial notice from USCIS. Late submissions are typically rejected.
As part of your green card denial appeal, your attorney can present new evidence, point out errors made by USCIS, demonstrate that you do in fact meet all eligibility requirements, and essentially compel the immigration agency to reexamine your case. While appeals are no guarantee of success, a strong case can absolutely increase your odds of overturning a denial.
What If My Appeal Is Unsuccessful?
If your green card denial is upheld after exhausting the appeals process, do not lose hope. In many situations, reapplying from scratch remains a viable option. The key is to pinpoint exactly why you were deemed ineligible and take concrete steps to remedy any deficiencies in a subsequent application.
With the benefit of hindsight and a clear understanding of what went wrong, an immigration lawyer can help you thoroughly prepare a winning green card application. This involves ensuring all paperwork and documentation meets USCIS standards, rehabilitating any issues around criminal records or health problems, and clearing up any suspicions around relationships or finances.
Addressing the root causes of your previous denial through careful preparation and meticulous attention to detail offers an excellent chance at green card approval on your second attempt. Certain denial reasons, such as submitting an application too early, may even make approval more likely on a subsequent try.
Choosing the Right Immigration Attorney
To maximize your odds of success, partnering with the right immigration lawyer is absolutely essential. Look for a green card attorney who:
Has extensive experience specifically handling denied cases and appeals
Is intimately familiar with all USCIS policies and procedures
Takes time to understand your unique situation and goals
Exudes confidence about getting you the result you seek
Is affordable and upfront about legal fees
Here at McBean Law, our attorneys check every box. With decades of combined experience obtaining green cards and other visas for our clients, we know exactly what it takes to overcome an initial denial. Our personalized approach looks at your situation holistically to assemble an airtight application.
We also offer flat legal fees and payment plans so that cost never has to stand in the way of achieving your immigration goals. To learn more and schedule your initial consultation, contact our office today. If you need help with your or a loved one’s green card, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of top immigration lawyers who are here to help you appeal a denied green card.
Frequently Asked Questions About Green Card Denials
1. Can I reapply immediately if my green card is denied?
In most cases, yes. However, only an experienced immigration attorney can assess your situation and determine exactly what your next steps should be.
2. Will a green card denial affect my citizenship application?
In some cases, yes. It all depends on what is on your immigration record and whethr those issues can be explained properly during the naturalization process. All immigration violations must be disclosed on naturalization applications and can impact your eligibility.
3. Can my green card be denied at the interview?
In some cases, yes. USCIS officers can deny applications on the spot for various reasons such as marriage fraud. However, in most cases, a denial is usually sent in writing to the applicant. This makes thorough preparation essential.
4. What if my green card was denied due to criminal issues?
Depending on the crime, overcoming this basis for denial may be very difficult or impossible. An attorney can evaluate your criminal record and recommend options. A waiver might be necessary to overcome and obtain a green card.
5. Will a denial affect my status in the U.S.?
In most cases no, but violations like overstaying a visa can trigger deportation when disclosed through green card applications. For some people, USCIS may issue a Notice to Appear in Immigration Court after a denial. So legal guidance is critical.