Being denied a green card can be a significant setback when you are trying to build a life in the United States. It’s crucial to understand the implications of such a denial and the options available to you. For legal guidance and representation, it’s in your best interest to contact an experienced Middlesex County, New Jersey Green Card Lawyer.
Why Would My Green Card Application Be Denied?
To secure a U.S. visa or green card, applicants must satisfy specific requirements. Applications may be rejected for numerous reasons, such as those listed below:
- Incomplete or Incorrect Information: One of the most common reasons for a denial is missing or inaccurate details on your application. This encompasses inaccuracies on official forms, the absence of mandatory information, or the provision of deceptive data.
- Absence of Supporting Documentation: Failure to furnish the required documents, such as birth certificates, marriage certificates, or financial statements, may result in denial.
- Translation Inconsistencies: The submission of foreign-language documents without proper, certified translations often presents an impediment.
- Failure to Meet Eligibility Requirements: Certain distinct green card categories are subject to specific eligibility requirements that must be met.
- Previous Immigration Infractions: Any visa overstays, unauthorized employment, or prior deportations can render an applicant inadmissible.
- Criminal Record: Some criminal convictions, particularly those involving moral turpitude, may render an applicant ineligible.
What if My Green Card Application Gets Denied?
Receiving a denial letter for a green card application can be disheartening, but it doesn’t always signify the end of your journey. You have several avenues to explore, including filing a Motion to Reconsider, a Motion to Reopen, or an appeal of the decision.
To file a Motion to Reconsider, you will need to submit Form I-290, Notice of Appeal or Motion. With legal assistance, you may be able to demonstrate that an error occurred during the USCIS’s decision-making process.
A Motion to Reopen can also be filed using Form I-290. This option is particularly advantageous if you have obtained new evidence that was not included in your initial application. If this new evidence alters your circumstances, the USCIS may re-evaluate its original decision.
To file an official appeal, you will need to submit Form I-290B, Notice of Appeal or Motion. It’s important to note that you cannot introduce new information during an appeal. Instead, a board will review your original application and subsequently issue a new decision.
If your green card application has been denied and you are uncertain about your next steps, we encourage you to contact the Law Offices of Aditya Surti, LLC. Our legal team is prepared to discuss your situation and guide you through the process.