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Common Reasons for Green Card Denials

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Applying for a green card is often the first step for immigrants who want to realize the American dream. Being denied a green card, however, can make you feel discouraged, hopeless, and as though that dream is further out of reach than ever. Below, our Atlanta immigration lawyer outlines some of the most common reasons for denials, and your legal options afterward.

You Have Medical Issues

To obtain a green card, you must undergo a medical examination by the U.S. government. Fortunately, common health problems such as asthma may not result in a denial, but there are health conditions that can result in a denial. These include:

  • Communicable diseases, specifically gonorrhea, syphilis, and tuberculosis
  • Substance abuse problems
  • Mental and physical conditions that can cause harmful behavior
  • You have refused mandatory vaccines

You Have a Criminal History

A criminal record will not automatically bar you from obtaining a green card. However, a criminal history can result in a denial if the offense involved moral turpitude. These offenses are considered to be depraved, vile, and offensive to a person’s moral compass. Examples include human trafficking, spousal abuse, and murder. A history of multiple criminal offenses can also result in a denial, even if they did not involve moral turpitude.

You are a Public Charge

A public charge is an individual who receives certain government benefits. If your income is considered insufficient, the U.S. Citizenship and Immigration Services (USCIS) may consider you a public charge. However, there are other factors the agency will also consider. These include:

  • Age
  • Health
  • Family status
  • Your assets
  • Other resources
  • Education and skills
  • Financial status
  • Health insurance status

There are ways to minimize the chance that you will be considered a public charge. For example, you may be sponsored by an employer or relative, or a family member can sign an affidavit of support.

You are Accused of Immigration Fraud

If you were dishonest to an immigration officer, or you submitted fraudulent documents to support your application for entry, you may be deemed inadmissible. Individuals with family members in the U.S. may be able to obtain a waiver but this is not an option for everyone. Even if you do not remember making false statements years ago, it is critical to speak honestly with an immigration lawyer who can advise on your case.

Your Application Contained Mistakes

The forms and paperwork you must fill out when applying for a green card are complex and so, mistakes are quite common. These may include the following:

  • Failing to fulfill photograph requirements
  • Not filling out all sections in their entirety
  • Failing to provide sufficient evidence to support your education
  • Missing deadlines
  • Not providing required biometrics

Our Immigration Lawyer in Atlanta Can Help After a Denial

If your green card application has been denied, it is critical that you act quickly. Although you may have legal options, you only have a limited amount of time to take the necessary steps. For a consultation to discuss your specific needs and case, please contact our Atlanta immigration lawyer at Shirazi Immigration Law, Inc. today at 404-523-3611. Serving clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.

Source:

uscis.gov/green-card

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