Why Would a Green Card Be Denied?

Applying for your green card can be a difficult process. Your journey for lawful permanent residence status requires attention to detail and the completion of very specific application requirements. There is then the wait to see if your green card has been approved or denied by U.S. immigration authorities, likely to be the U.S. Citizenship and Immigration Services (USCIS) or the U.S. consulate abroad.

Reasons for Why a Green Card Application May Be Denied

There are several reasons why a green card application may be denied. For starters, an application may be denied if the applicant failed to comply with application instructions and provide all requested materials. The government, however, will usually give the applicant an opportunity to correct these mistakes and oversights. Failing to attend required appointments is another reason why a green card could be denied. USCIS will schedule fingerprint and interview appointments once you have filed your green card applications. Failure to attend these appointments will likely result in your green card denial.

Another common reason for green card denial is when an applicant fails to meet basic eligibility requirements. Immigration laws require applicants to file themselves into categories that have strict requirements for eligibility. An applicant may try to apply for a green card on the wrong basis or in the wrong classification and therefore could fail the basic eligibility requirements. For instance, an applicant may apply for a green card based on the fact that he or she has a stepparent who is a U.S. citizen, but this will not be the right basis for his or her green card application if it turns out that the parents were married after the applicant turned 18.

Your green card application may also be denied if there are particular concerns related to your health. A government-approved doctor must clear you in a medical exam report prior to admission for lawful permanent residency (the green card). You may be denied if you have a communicable disease that poses a danger to the public. You may also be denied if you are a drug addict or you have a physical or mental disorder that proves a threat to yourself or to others.

There are also criminal related reasons why your green card may be denied. Certain crimes, or evidence that you are coming to the U.S. to commit certain crimes, could be the basis for green card denial. Crimes of “moral turpitude” and other specified crimes such as drug trafficking and money laundering could likely result in the denial of your green card application. Furthermore, some applications will be denied if the applicant is viewed as a security threat to the U.S. Former involvement or membership in known terrorist groups can lead to green card denial.

If you are seen as a person who is likely to become dependent on the U.S. government for long term care or financial support, referred to as a “public charge,” your green card application may be denied. USCIS or whoever reviews your application may think that you are likely to become a public charge based on a number of factors. These factors may include things like your health, age, and financial resources. The Trump Administration has proposed new guidelines for support that allow a case to be denied if an individual “appears to be likely to become” a public charge.

Immigration Attorneys

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling