Green Card Denials

Green card denials happen for a number of reasons. The New York immigration attorneys at Pozo Goldstein, LLP are here for you in case you are denied.

If your petition for a green card (permanent residency) in the United States was recently denied, you may be wondering what you can do at this point. Your green card application may have been denied for a number of reasons. The United States Citizenship and Immigration Services (USCIS) should provide a reason for denial. It is important to understand what is required when seeking a green card. If any vital information is not provided on your petition, then it is likely that you will be denied. The main ways to become eligible for permanent residency in the United States are as follows:

• Through a family member
• Through your job or employment offer
• Through refugee or asylum status

There are alternative methods that may qualify you to apply for permanent residency in the United States. Some of those include: being a member of the armed forces, qualifying through the Legal Immigration Family Equity (LIFE) Act, being a victim of criminal activity as a non-immigrant and others. Even if you fall under one of the qualifying categories, your application may still be denied for a number of reasons. Listed below are some of those reasons:

• Poor Health- In order to be approved for permanent residency in the United States, you must submit a medical exam report that was conducted by a government-approved doctor. This is one of the more rare reasons to be denied a green card.
• Criminal History– Although not everyone with a criminal history will be denied a green card, it can be one of the reasons that some green cards are denied. If your criminal offenses are determined to be serious (aggravated, a felony, recent, etc.) then you may be labeled as a threat to the community and therefore denied a green card.
• Mistakes on the Application– Compiling all of the necessary documentation and information for the green card application is not an easy process, especially when you are doing this on your own without assistance. If you fail to provide pertinent information, the necessary fees or other documentation, then your green card may be denied.

If you would like to learn more about the green card eligibility requirements to learn why you may have been denied, please view the USCIS website or speak directly with one of our New York immigration attorneys. At Pozo Goldstein, LLP, we can advise you as to why your application may have been denied as well as provide you with the information and representation necessary to appeal your denial.

Appealing USCIS Form I-551 Denials

USCIS Form I-551 is the actual name of the green card application document that you must file with USCIS. If this was denied, then you can make a motion for an appeal. With an appeal, you are basically taking your request for a green card to a higher authority for reevaluation. This “higher authority” is the USCIS Administrative Appeals Office (AAO). An attorney with our firm can walk you through the process of appeals so that you are not wrongfully denied permanent residency in the United States. Listed below is a basic outline of the steps you must take to file an appeal with the AAO:

1. File Form I-290B. This is a “Notice of Appeal or Motion” and is the most standard appeal form. Depending on your circumstances, you may have to file a different form such as the N-400. A fee usually accompanies the form.

2. File this appeal within 30 days of when you received your denial. Be aware that not everyone that receives a denial will have the full 30 days to file an appeal. Consult an attorney for the most accurate advice on appeals and time parameters.

3. Once the AAO receives your appeal, you should hear back within six months’ time.

An alternative method to appealing your green card denial is a motion to reopen your case. This is a motion petitioned for to the original individual who denied your application. If new evidence has been discovered or your circumstances changed and you believe that your USCIS I-551 form should be reconsidered, then with the help of a qualified immigration lawyer, you can file a motion to reopen.

Fight for green card approval by calling Pozo Goldstein, LLP!

Remember, there is hope after your green card has been denied. Although this can be a frightening position to be in, you can enlist the help of an advocate that will fight for your rights. The New York immigration attorneys at Pozo Goldstein, LLP have more than 90 years of combined legal experience as well as extensive knowledge of immigration law in the U.S. and the overall immigration process. To learn more or to speak with an attorney from our firm directly, please contact a New York immigration lawyer from our firm today!