10 Factors Leading to the Denial of Your Green Card Application

The green card application process involves numerous intricacies, requiring careful attention during assembly. Mistakes on your application may lead to its rejection by the U.S. government. Additionally, U.S. Citizenship and Immigration Services (USCIS) might deny your visa application due to inadmissibility for various reasons. This article sheds light on 10 prevalent reasons that could result in the denial of your green card application by the U.S. government.

  1. Ineligibility for a Green Card: If you do not meet the criteria for green card eligibility, your application will be rejected by the U.S. government. Eligibility is determined under various categories, including:
  • Having close relatives who are U.S. permanent residents or citizens.
  • Being sponsored by a U.S. employer.
  • Qualifying as a special immigrant.
  • Holding refugee or asylee status.
  • Being a victim of human trafficking or crime.
  • Suffering from abuse.
  • Residing in the United States since before January 1, 1972.

Detailed information on specific eligibility requirements for your green card type can be found on the USCIS website.

  1. Denial Due to Denied Petition: If your underlying petition as an employment-based or family-based green card applicant is denied by the U.S. Citizenship and Immigration Services (USCIS), your green card application cannot proceed. For employment-based green cards, a denied Form I-140 (Immigrant Petition for Alien Worker) will halt the process. Similarly, a denial of the Form I-130 (Petition for Alien Relative) from your sponsor affects family-based green card applications.

Ensure your sponsor provides accurate information for Form I-130 and refer to the USCIS website for comprehensive guides on family sponsorship forms.

  1. Failure to Attend Required Appointments: Missing mandatory appointments in the green card application process can lead to denial. USCIS schedules biometrics appointments and green card interviews for applicants within the United States. For applicants outside the U.S., local embassies or consulates set mandatory interview appointments.

Attendance at all scheduled appointments is crucial. If you cannot make an appointment, reschedule promptly to avoid denial.

  1. Missing RFE Response Deadline: If USCIS requires additional information, they issue a Request for Evidence (RFE) through Form I-797E. Missing the response deadline for the RFE results in the denial of your green card application. Update USCIS promptly if your mailing address changes to avoid missing important communications.

RFEs outline missing evidence and include a deadline for submission. Failing to meet this deadline leads to application denial.

  1. Errors on Application: USCIS may deny your application if errors are found in your paperwork. Common mistakes include:
  • Failing to provide translations for non-English documents.
  • Leaving information fields blank instead of marking “N/A” for inapplicable questions.
  • Insufficient fees for filing.
  • Issues with signatures on forms.
  • Problems with application package photos.

Ensure documents are translated, forms are completed in full, fees are accurate, and all signatures and photos comply with USCIS requirements.

  1. Processing Errors by USCIS or Consulate: Errors in processing by USCIS or consulates can result in denial. Review any Notice of Intent to Deny (NOID) or final denial notices carefully. If an internal mistake is suspected, an appeal with the Administrative Appeals Office (AAO) may be filed.

File Form I-290B within 30 days of the initial decision to appeal, indicating the basis for the motion to reopen the case.

  1. Insufficient Financial Resources: Lack of financial resources can lead to green card denial. Sponsors must meet income requirements and submit an affidavit of support. USCIS assesses the likelihood of the applicant becoming a public charge and may deny the green card if public resources are likely to be required.
  2. Violation of Immigration Laws or Deportation: A history of immigration violations or deportation results in denial. Providing incorrect information on immigration documents is considered fraud. Even if inadmissible, applicants can file Form I-601 to request a waiver.
  3. Disqualifying Criminal Record: Certain crimes, including moral turpitude offenses, can lead to green card denial. Full disclosure of criminal history is required on forms, accompanied by explanations to prove admissibility.
  4. Inadmissibility for Health Reasons: A medical exam is required for green card admission. Communicable diseases, lack of required vaccinations, substance abuse, or mental disorders threatening safety may render an applicant inadmissible.