10 Most Common Reasons for a Green Card Application to be Denied
Each year, United States Citizenship and Immigration Services (USCIS) approves thousands of lawful permanent resident cards, also known as green cards. This allows non-US citizens to live and work in this country permanently. However, a green card may be denied if the applicant is deemed “inadmissible.” Take a closer look at the 10 most common reasons this can happen.
Health: You must pass a medical exam performed by a government-approved doctor. Your application may be denied if you have an infectious disease, aren’t properly vaccinated, are addicted to drugs, or have a medical disorder that threatens the safety of others.
Criminal background: If you have been convicted of certain crimes—including drug trafficking, prostitution, money laundering, or fraud—you could be deemed inadmissible to the US.
Finances: If you have no way to support yourself, your green card could be denied based on the likelihood that you will become a drain on public resources. However, if you are a victim of human trafficking, you may not be treated as inadmissible even if you will likely require government assistance.
Fraud or misrepresentation: Knowingly misrepresenting the facts when applying for permanent residency—such as claiming false employment or listing the wrong address—may cause USCIS to deny your application.
Prior unlawful presence: USCIS will review your past immigration history to determine if you have ever entered the country unlawfully, overstayed a visa, or been deported. While these are not automatic grounds for denying an application, you may need a skilled lawyer to make your case.
National security concerns: Your visa application will likely be denied if you are currently or formerly affiliated with a terrorist group, criminal organization, or totalitarian party.
Lack of evidence: In the case of family-based green cards, your petition may be denied if there’s insufficient evidence to support the relationship between you and your sponsored family member.
Incomplete application: All aspects of a green card application must be submitted together. If any forms, support documents, or filing fees are missing, that could be enough motivation to deny your application.
Missed deadlines: Another reason for having your green card denied is if you miss appointments or interviews needed to complete your application. Submitting documentation past the deadline is also problematic.
Errors in the application process: The strict legality of a permanent resident card leaves no room for error. Misspelling a name or forgetting a birth date could be reason enough for USCIS to deny your application, even if it was an innocent mistake.
Don’t allow something as simple as a missed deadline or typo to cost you your green card! Hurtubise Weber Law can help you complete your application correctly and submit it in a timely manner. Even if you have already been deemed inadmissible, we can assist with filing a waiver or meeting an exception written into immigration law. When you’re ready to begin applying for a green card, please call our San Francisco or San Jose office at (415) 849-1199 or contact us online.
Can You Apply for a Green Card Next Month? Check the February 2022 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for February 2022 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for February 2022 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in February.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the January 2022 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for December 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for January 2022 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in January.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the December 2021 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for December 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for December 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in December.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the November 2021 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for November 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for November 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in November. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the October 2021 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for October 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for October 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in October. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the September 2021 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for September 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for September 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in September. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the August 2021 Visa Bulletin
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for June 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in August. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-548-7067 today.
Can You Apply for a Green Card Next Month? Check the June 2021 Visa Bulletin
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for June 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for June 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in June. USCIS has not yet indicated whether the Dates for Filing or Final Action Dates chart may be used for applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the May 2021 Visa Bulletin
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for May 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for May 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Green Card Public Charge Wealth Test Eliminated
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
The wealth test required USCIS officers to apply a totality of circumstances analysis to determine whether an applicant would be likely to become a public charge in the future. They were directed to review factors such as the applicant's age, health, family status, education and skills, and assets, resources, and financial status. You can find out more about the now defunct rule on our post from September 5, 2019 here: Defunct Rule: Green Card Public Charge Rule.
This totality of circumstances analysis is no longer required. Moving forward, officers are directed to apply the old public charge analysis that was created in year 1999. The old analysis focuses heavily on whether the green card applicant has a valid sponsor, and only allows for minimal discretion by the adjudicating officer.
To learn more and get help with your green card application, please contact us at 415-413-8760 or theteam@huwelaw.com.
Can You Apply for a Green Card Next Month? Check the March 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for March 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for March 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in March. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-548-7067 today.
Can You Apply for a Green Card Next Month? Check the February 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
Check the February 2021 Visa Bulletin. Good news: The F2A category for the spouses and children of permanent residents will remain current.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for February 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in February. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the January 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for January 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for January 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in January. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the November Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for November 2020 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for November 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in November.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the October Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for October 2020 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for October 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in October.
More good news: Final action dates for employment-based 1st, 2nd, 3rd, and Other Workers preference categories will become current for all countries except for China and India.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
New Immigration Green Card Public Charge Rule Takes Effect on February 24th, 2020
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.
What is a public charge?
The current rule defines a public charge as someone likely to become primarily dependent on the government for income support. The new rule redefines a public charge as a person likely to receive "public benefits" for more than 12 months over any 36-month period in the future.
What are considered "public benefits" under the new rule?
Any federal, state, local, or tribal cash assistance for income maintenance (e.g. SSI, TANF), federal, state, and local cash benefits programs for income maintenance, SNAP, Section 8 housing and public housing under Section 9, and Medicaid (with certain exceptions).
How will the government determine whether someone is likely to receive public benefits for more than 12 months over any 36-month period in the future?
A totality of circumstances test will be used. Factors considered will be age, health, family status, education and skills, and assets, resources, and financial status, taking into account a broad range of positive and negative factors. Heavily weighted negative factors will include receipt of public benefits in the past (but after the date the rule goes into effect). Heavily weighted positive factors will include having a high household income (at least 250% of the federal poverty level) and having private health insurance.
Will this change mean more paperwork?
Yes. There will be additional paperwork required in order for the government to assess the likelihood of a green card applicant becoming a public charge.
Implementation of the new rule will be messy. Contact us today for expert assistance at 415-413-8760 or theteam@huwelaw.com.
A Petition for Alien Relative Can Now be Filed Online
USCIS announced last week that petitioners can now file a Petition for Alien Relative (the first step in sponsoring a relative for a "green card") online.
This is significant for cases where the green card process needs to be done in two steps, and may help to avoid government errors and to decrease wait times.
Please contact us at theteam@huwelaw.com or 415-496-9040 to learn more about green card sponsorship.
From TPS to a Green Card: One Man’s Journey
As an immigration lawyer in today’s changing world, I am frequently approached by prospective clients whose Temporary Protected Status (TPS) has been scheduled to terminate. They are often scared and bewildered, wondering what, if any, option they have?
As an immigration lawyer in today’s changing world, I am frequently approached by prospective clients whose Temporary Protected Status (TPS) has been scheduled to terminate. They are often scared and bewildered, wondering what, if any, option they have?
Luckily, with some legal maneuvering it is often possible for someone in this situation to obtain a green card sponsored by an immediate relative. Below is our client Jose’s story.
Jose arrived in the U.S. in year 2001 from El Salvador. He crossed the border without a visa, fleeing a brutal civil war that was raging there at the time. He entered the U.S. frightened and with little money, hoping to start a new life here.
Our government granted Jose Temporary Protected Status, or TPS, due to the unsafe conditions in El Salvador. As the years passed and those conditions continued, Jose was allowed to renew his grant of TPS every 18 months. He resided and worked in the U.S. as an upstanding member of society for nearly a decade. The U.S. had become his home.
In year 2010, Jose met Clara, a U.S. citizen by birth. He and Clara started dating, fell in love, and decided to get married in year 2012. Jose’s immigration status remained that of TPS. Because Jose had entered the country illegally, he believed that he was not eligible for a green card through Clara.
Years later, our government announced that they would be terminating TPS for El Salvador. Jose suffered anxiety every day, not knowing how he would be able to remain in the U.S. with his life partner Clara. Then Jose met me.
I explained to Jose that he did have options. And one of those options was to obtain a lawful entry to the U.S. by applying for permission to travel outside of the country and reenter under TPS. While the timing would be tight because we knew at that point that Jose’s TPS would be terminated in less than a year, I reassured him that this was doable. Once Jose obtained the lawful entry, Clara would be able to sponsor him for his green card. Once we submitted the green card application, he would have permission to remain in the U.S. while it was pending.
Jose got his permission to travel and left and reentered the U.S., we applied for his green card, and he is now a permanent resident of the United States. He no longer fears deportation and separation from his wife of 7 years.
Jose’s story is not unique. Our immigration laws and policies are complex, and too many immigrants do not know their options. We offer a thorough initial legal evaluation to review your history in detail, explain all possible paths, and create a plan moving forward. Contact us today to learn more: 415-496-9040 or theteam@huwelaw.com.
