If you are seeking lawful permanent residence status, you may wonder, “What happens if my Green Card application is denied?” If the United States government denies your Green Card application, you may have the option to make corrections to your request or appeal this decision. Additionally, you may be able to seek a visa or adjustment of status using a different type of process, such as asylum.
Getachew & Ansari Immigration Attorneys, P.C., provides a full suite of immigration services to people seeking to visit or move to the United States. For Attorney Medya Ansari, immigration is a deeply personal matter. Her family immigrated to the United States from Iran in the early 2000s and experienced roadblocks due to sudden and unfair changes in immigration policies.
She leverages her experience and extensive knowledge to provide legal services with excellence and compassion.
Understanding Green Card Denials
Applying for a Green Card can be a lengthy process. For example, in most situations, someone must submit a petition on your behalf. If the United States government approves this, you may need to submit a Green Card application.
The government may also request supporting documents that prove who you are, where you are from, your criminal background, job information, and reasons for moving to the United States. Additionally, the government may ask you to take a specific type of medical exam and participate in an interview with United States officers.
At the end of the process, the government will review your application and the information you provided. If you meet the requirements and a visa is available, then the government may approve your application. However, the government may also deny your application if you do not meet the criteria or a visa is unavailable.
Common Reasons for Green Card Application Denials
The government may deny someone’s Green Card application for various reasons. The government may not have enough information to determine if the person is eligible. Another reason for a denial is that a visa is unavailable. The person may also be missing a form or an essential step in the application process, such as the medical evaluation or interview. Other reasons may be missing or incomplete information on the forms or in supporting documents submitted with the application.
If My Green Card Is Denied, Can I Apply Again?
If the government denies your Green Card application, you may be able to reapply. It depends on your circumstances and the reason for the denial. If the government denied your application because of missing information, for example, you may be able to correct and resubmit your application. Likewise, if a visa is not available when you apply, and that is the sole reason for the denial, you may qualify to receive a Green Card when a visa is available. Additionally, you may be able to file an appeal or apply for a different type of immigrant status or visa altogether.
However, if the government denies your application because you are ineligible for a Green Card, your options for reapplying may be limited. For example, if your criminal history makes you ineligible for a Green Card, you may be unable to reapply.
Steps To Take Immediately After a Denial
Many people want to know, “What happens if a Green Card is denied by the government?” One option is to provide any missing information the government requested but was not submitted with their original application. The denial notice that the person receives will tell them if they can file a motion to reopen or reconsider their case. Appealing the decision may also be an option.
Filing a Motion To Reopen or Reconsider a Denial
Submitting a motion to reopen or reconsider a denial is available in some, but not all, cases. If you receive a denial letter from the government, the notice will tell you if you can take this step.
Additionally, the notice will tell you what forms you need to file and what deadline you must follow. A seasoned immigration attorney can help you understand these options and submit the documents required to complete this step.
Appealing to the Administrative Appeals Office (AAO)
In some situations, the applicant may qualify to file an appeal after the government denies their Green Card application. The letter the person receives in the mail will explain their options and what they need to and can do next. The form you file to start an appeal depends on factors like what agency you received the denial from.
Seeking Alternative Immigration Options
If the United States denies your Green Card application, you may be able to seek entry by using other types of visas. For example, if you have been in the United States for a year or less, you may qualify to apply for asylum if you have a credible fear of persecution if you were to return to your home country. Additionally, you may be able to seek parole status. An immigration attorney can talk to you about your situation and help you determine what your options are.
Contact an Experienced Green Card Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
A common question that we hear from many current and potential clients is, “What happens if my Green Card application is denied?” If this happens, you have a couple of options. You may be able to file additional forms or make changes to your original application to prove that you are eligible. You may qualify to file a formal appeal of the denial or to seek a different type of visa, such as asylum, altogether.
Getachew & Ansari Immigration Attorneys, P.C., has helped dozens of individuals and families who want to make the United States their home country. Medya Ansari and her team understand what a big and deeply personal decision this can be, and they are here to help by providing targeted legal support to help you move through this process successfully. Her passion for immigration law began as a young girl when she and her family moved from Iran to the United States. She further honed her skills by devoting her studies and career to serving fellow immigrants. Contact our firm today by calling 408-292-7995 to see how Medya can help you.
