A green card allows immigrants to live and work permanently in the United States. However, applying for one can be complicated and sometimes denied. This article explains the green card process in New York, the reasons applications get rejected, and what to do if your application is denied.
LaToya McBean Pompy immigrated to the United States herself. Her experience sparked an interest in helping many families unite in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys, who are here to help you.
What is a Green Card?
A green card, officially called a Permanent Resident Card, gives immigrants lawful permanent resident status in the U.S. Green card holders can live and work here permanently.
How Do I Apply for a Green Card in New York?
There are several paths to getting a green card. The most common are:
Through family - if your spouse, parent, sibling, or child is a U.S. citizen or green card holder
Through employment - if you have a job offer from a U.S. employer
As a refugee or asylee
Other special situations
The process involves filling out forms, submitting documents, completing a medical exam, and interviewing with U.S. immigration officers. Support from a New York immigration attorney can help avoid mistakes.
Why Are Green Card Applications Denied in New York?
The government scrutinizes green card applications closely. Any errors or issues can lead to denials. Here are the most common reasons:
Incomplete or incorrect paperwork: Missing information or documents filed incorrectly often leads to denials. An immigration attorney can help avoid paperwork issues.
Violating U.S. immigration laws: Officials review the applicant’s history of following U.S. immigration rules. Past visa overstays, entering illegally, working without authorization, or other violations may make you ineligible.
Health issues: Applicants must pass a medical exam by an authorized doctor. Certain physical or mental health conditions may disqualify you.
Risk of needing government assistance: Officials want proof you can support yourself financially.
Serious criminal record: Serious criminal offenses may make you ineligible for a green card. It is important to consult an immigration attorney before applying for a green card to determine your status.
Other reasons:
Invalid employer/relative sponsorships
National security concerns
Participating in persecution
Lying about being a U.S. citizen
International custody disputes
Unlawfully voting in the U.S.
Serving in certain foreign militaries may also lead to denials.
What Can I Do If My Green Card Application Is Denied?
If your application gets denied, you have options:
Appeal the decision: You can sometimes file paperwork asking immigration officials to reconsider your case. Providing more evidence may help overturn the denial. Strict deadlines apply.
Seek an exemption: For some denial reasons, rare exemptions or waivers are possible, usually based on extreme hardship. Success rates vary.
Apply through an alternative path: Other avenues to lawful status may open up depending on your situation. Consult an immigration attorney to explore options.
Hiring an experienced immigration lawyer is highly recommended to help navigate appeals, exemptions, or alternative paths to getting a green card.
Frequently Asked Questions About Green Card Denials
1. Can I Appeal A Green Card Denial In New York?
Yes, USCIS allows appeals if certain conditions are met and the deadlines file paperwork. An immigration lawyer can advise if an appeal suits your case.
2. How Long Does Getting A Green Card Take In New York?
It varies substantially based on your visa category, country of origin, and application backlogs.
3. Can My Family Members’ Immigration History Impact My Green Card Application?
Individual factors always apply. This means that you need to consult an immigration lawyer to evaluate your individual circumstances.
4. Is Hiring An Immigration Attorney Necessary?
Yes, this is strongly advised. Laws change often. Immigration attorneys identify optimal visa pathways, avoid errors in paperwork, and help overcome denials by appealing, getting exemptions, or finding alternative immigration options.
Connect With an Immigration Attorney
This article simplifies complex information. For personalized legal advice on green card eligibility and guidance on your application, consult an experienced immigration attorney.
Our experienced immigration attorneys at McBean Law can help determine your qualifications and guide you through the application process. Contact us today at (888)-462-4006 for a consultation to see if the green card appeals process suits your situation and goals.
