A marriage-based green card application is a process that needs accuracy and precision. Nevertheless, several mistakes are usually made in the process, resulting in applications being denied or delayed annually. These mistakes include failing to fill out the forms and documents accurately or having insufficient evidence of a genuine marriage, among others.
A marriage-based green card is an immigrant visa that is available to the spouses of U.S. citizens and permanent residents. Most couples qualify for a marriage-based green card if one spouse is a U.S. citizen or green card holder, and if the marriage is verified legally.
However, there have been a few times when this application may have been denied. Before we look at those situations, let’s explore the benefits of having a green card.
Why is a Green Card Important?
A Green Card, formerly known as a Permanent Resident Card, gives non-U.S. citizens the right to live and work permanently in the United States.
This card verifies an individual’s status while giving them access to certain rights, benefits, and responsibilities.
Stability and Security
Holding a Green Card provides you and your family with the stability of living and working within the U.S. This means security and living without the fear of your visa expiring. The capacity to live forever within the U.S. permits you as a Green Card holder to contribute more to your community, build long-term connections, and contribute to the social texture of American society.
Knowing that you are settled, you also feel more at home and more settled and can volunteer with ease within your community.
Economic Opportunities
With unhindered work authorization, a Green Card will give you access to work openings and opportunities previously inaccessible as a non-immigrant visa holder. This access will ultimately mean a more extensive network and more career opportunities, thus facilitating your winning potential and development.
With a green card, you become eligible for federal benefits, which include financial aid for education and Social Security.
Travel Flexibility
A green card holder can travel to other countries without traveling limitations. For example, as a green card holder, you’re less likely to be denied a visa than someone without it. The requirements given to you may also be less tasking that those without.
Reasons Why Your Marriage-Based Green Card Application Can Get Denied
A lot of married people have the mindset that their application for a marriage-based green card would automatically be approved. This is not true, as green card applications are regularly denied due to various reasons. Knowing and avoiding these pitfalls will boost your chances of success and simplify obtaining your green card.
This article has highlighted some of the main reasons why there are such denials; you will get an overview as well as helpful hints to help you in your application.
Submitting Incorrect Forms
The submission of forms is based on where your spouse presently resides, their current legal status in the country, their desire to be allowed temporary work by immigration authorities, intent to travel out of or back into the USA, criminal/immigration history, the list goes on.
Eligibility
Some non-citizens cannot apply for a Green Card while they are in the United States. Foreign nationals who have entered without inspection or overstayed their visas can be disqualified from obtaining a Green Card, especially if they have had any criminal convictions or removal orders against them.
Submitting Incorrect Information
Different forms are required for a marriage-based Green Card, giving room for mistakes to be made. This means that mistakes can lead to a case of material misrepresentation even if you did not purposefully intend to deceive the United States Citizenship and Immigration Services.
Lack of preparation for the Marriage Interview
A professional marriage-based green card attorney will provide you with examples of questions to expect as well as additional documents you must take along for your interview to avoid being denied or having your application delayed.
Wrong Place of Application
Generally, each application has a specific filing location according to where the applicant lives presently, if it’s an individual or a group (including other petitions), and the type of courier service, among others.
Hiring a Non-Lawyer or Incompetent Lawyer
Meeting with an attorney and reading online testimonials before hiring them is always advisable. Ask whether the attorney is licensed and authorized to practice law, how long they have been practicing, and whether they have experience with similar cases. These are important questions to consider during the decision-making process.
Insufficient Evidence of a Bona-Fide Marriage
Failure to provide enough evidence that your marriage is legit can lead to denial. This includes things like a lack of joint financial documents, not enough photos together, or affidavits from friends and family.
Insufficient Financial Support
The sponsor must have an income that meets the requirements established by Form I-864 Affidavit of Support. Failing could lead to an application getting denied.
Criminal History
Past criminal convictions or arrests or certain crimes such as drug offenses, fraud, or violent crimes, can make you inadmissible to the United States leading to your application getting denied.
Skipping Appointments and Dates
Skipping appointments will not in any way help your application process. It will always be to your detriment.
If you represent yourself, USCIS will only send notices to you alone; however if you engage an attorney, that attorney will also be notified by USCIS. If a change occurs regarding your application, your lawyer will advise you on what to do next.
How Often Are Marriage-Based Green Cards Denied?
In general, marriage-based green cards have a higher chance of getting approval. However, it can still be denied if not done correctly. Your application will be thoroughly scrutinized, so you need to be sure it is free from errors.
The goal of USCIS is to promote genuine and legal marriages, hence the high approval rate. So if your marriage-based green card application gets denied, the problem may come from your end.
The first thing is ensuring you don’t enter marriage to boycott the U.S. immigration law, which is punishable by law. Then, you are expected to file a petition to show that your marriage is valid and legal. The process can get complicated if USCIS requests your marriage certificate.
For example, if your marriage is not legally recognized in the area you got married, USCIS will not consider it valid. This scenario typically applies to cases like same-sex marriage or virtual marriages.
What to Do If Your Marriage-Based Green Card Application Gets Denied
You will be sent a message if your application is denied. Understand the reason for the denial by carefully reading the notification of denial so that you can know exactly why your marriage-based green card application did not succeed. You will also find additional information about what should happen next after this notice of denial. Moreover, it may indicate whether or not you can appeal.
1. For an opportunity to appeal
Once you receive a notice of decision, it will let you know how and when to file an appeal. At this stage, do well to consult a marriage-based immigration attorney for assistance. Writing a letter to the Administrative Appeals Office (AAO) within U.S Citizenship and Immigration Services on your behalf seeking a review of your case is one of their roles. While considering your appeal, the AAO will determine if the USCIS officer was wrong in denying your Green Card Application.
2. Not Allowed To Appeal
In such scenarios, you can apply to reopen the case or reconsider it through your marriage-based green card attorney. If there are new documents that can be submitted in support of your application as additional evidence, then you should file to reopen.
However, in case of filing a motion for reconsideration, this signifies that the AAO will not get involved and the same officer who denied your petition will take another look at the facts and make a ruling based upon them. At times, you may consider filing a separate suit in federal court for relief.
3. Removal Proceedings
If your application is denied and you lose legal status, you will likely appear before an Immigration Judge. In removal proceedings, you can reapply for your card before a judge handling deportation cases. It would be unwise for anyone served with NTA (notice to appear) by the immigration authorities to ignore or neglect appearing before their judges. Ensure to adhere to your lawyer’s advice to avoid costly mistakes during this period.
Failure to attend a court hearing on the date set may result in a deportation order being entered against you. You will also get a ten-year ban on returning to the U.S. so be sure to attend hearings promptly.
How to Avoid Getting Your Marriage-Based Green Card Denied
Firstly, you need to ensure you have observed all due protocols. Ensure you fill out all necessary forms correctly and document your case properly. Hiring an attorney will help you throughout this process.
Do well to disclose any criminal history, complete the required medical examination with proof of vaccinations, and respond promptly and truthfully to any Requests for Evidence (RFEs) from USCIS.
Your green card attorney will also help you prepare for interviews which is a very important stage in your application. They can make arrangements for mock interviews to help boost your confidence whilst making sure your documents and testaments tally.
Should I Hire a Marriage-Based Green Card Attorney If My Application Is Denied?
Yes! You should hire an attorney not only if your Green Card application is denied, but from the beginning to the end of the application process. If your application gets denied, an experienced immigration attorney will help you checkmate your situation to know if you even have a case before proceeding to file for a motion. They can also prevent you from making mistakes and having any unexpected delays.
More so, if you hire a lawyer, you are more likely to avoid getting denied.
Act Now and Get Your Marriage-Based Green Card Application Approved
Applying for a marriage-based green card can be a very hard process, as you are required to provide some sensitive details as well as pay legal fees, hence the need for the services of a marriage-based green card attorney who understands the intricacies of immigration authorities. Failure to do these may result in getting denied, especially if you don’t have a good attorney-client relationship.
Oftentimes, couples enter marriages for benefits. The US immigration officials are aware of these tactics and recognize them after conducting thorough investigations of your application.
If couples commit immigration fraud or visa fraud, they will be discovered by the USCIS either through investigation mentioned earlier or other automated technology. The rationale behind this is that fraudulent status applications are like communicable diseases that will continue to spread if not effectively contained. The USCIS immigration officer has a right to a free evaluation of your marital relationship.
If you’re planning to apply for a marriage-based green card, you should seek the services of a marriage-based green card attorney.
