Green Card Denial

Immigration Appeal Lawyer

The process of pursuing a green card is in no way an easy process. It is an extremely complicated process that involves an abundance of time, effort, and funds to pursue a green card in the United States. This is why getting a green card denial can be such a difficult thing to process mentally and emotionally, and is devastating beyond belief. If you have had a green card denial or are in the process of trying to obtain a green card, then this article is very important to read so you can avoid one entirely. In this article, our immigration appeal lawyer has composed a list of the most common reasons that people get a green card denial and the steps you can take if this has happened to you. To get a better understanding of why this may happen, it is important for you to understand what the requirements are for a green card. There are two specific types of green cards, such as one that is that is obtained through a family sponsor and one that is obtained through a sponsoring employer.

Family-Based Green Cards

Family-based green cards are obtained by having a family member sponsor your visa. The sponsoring family member must either be a U.S. citizen or a green card holder. In order for this process to occur, your relation to this person must be proven in order to obtain a green card through them. Additionally, immigrants may obtain a green card by marriage with a U.S. citizen. Because these types of green card are so high in demand and are taken advantage of, they require extensive examination and an interview to prove that the marriage is legitimate and not fraudulent. When it comes to a marriage-based green card, it gives immigrants a top priority, but it is important to know that you should never attempt to fake a marriage, otherwise, there will be serious consequences. In order to go through the process for a family-based green card, your sponsoring family member must file an I-130 on behalf of the immigrant, along with filing fees, necessary documents, and evidence proving the relationship.

Denial Reasons of Family-Based Green Cards

  • The relationship between you and your family member does not prove to be legitimate, such as failing to provide proof of your relationship. As for a marriage-based green card, there can be a denial due to a poor interview.
  • Criminal history that makes you not eligible for a green card.
  • You violated the terms of a previous immigration states, such as entering the U.S. illegally or overstaying.
  • Mistakes made on documentation that are fabricated or inconsistent.

Employment-Based Green Cards
Employment-based green cards are based on your job or occupation, and need to be petitioned by a U.S. employer. There are some instances in which you may be able to petition for yourself, though. For employment-based green cards that are petitioned by your employer, evidence proving a legitimate employer-employee relationship is needed. Additionally, a PERM Labor Certification may be needed as well, which requires the employer to run job advertisements and interview other potential candidates. Your employer will need to file a I-140 with the required fees, supporting documents, and necessary evidence.
Denial Reasons of Employment-Based Green Cards

  • Lack of evidence proving significant achievement or outstanding research.
  • You are not a multinational executive or a manager that meets the necessary standards of the USCIS.
  • Lack of evidence supporting your exceptional abilities.
  • Your work is seasonal and not permanent.
  • You are not qualified to perform the specific type of work.
  • Your PERM certification was denied due to your employer not following the recruitment process.
  • Criminal history that makes you not eligible for a green card.
  • You violated the terms of a previous immigration states, such as entering the U.S. illegally or overstaying.

What to Do if You’ve Received a Denial
You may be able to file a motion to reopen your case or a motion to reconsider your case. In order to do so, it is best that you consult with an immigration appeal lawyer so he or she is able to handle your case with their own experience and knowledge so you do not run into any mistakes or voidances. You may also file an appeal to the Administrative Appeals Office; however, this entity often sides with the handling immigration officer. No matter what the case is, it is in your best interest to seek help from an immigration appeal attorney as soon as possible. Our team fully understands the immigration appeal process, therefore, you can trust our immigration lawyer Pasadena to handle your case.

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