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.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

How Often Does USCIS Update its Case Status?

Are you eagerly awaiting a status update about your Form I-130, Form I-129F, Form N-400, Form I-485, or other immigration applications? The United States Citizenship and Immigration Services (USCIS)—the government agency responsible for processing immigration forms—publishes status updates and average processing times on its website. You can also sign up for email or text alerts. Here’s what you need to know about USCIS case updates.

Create a USCIS Account

While not required to file an immigration application, many applicants choose to create an account on the USCIS website. By providing your receipt number and registering your email address and phone number, you’ll receive occasional USCIS updates regarding your status.

Average USCIS Processing Times

Once you file an immigration application, you obviously want your case processed as quickly as possible. However, USCIS receives hundreds of thousands of applications every year. To handle this enormous volume of paperwork, USCIS employs numerous service centers and field offices nationwide. Even so, wait times can range from a few months to over a year, depending on the type of application you file and how backed up the USCIS office is.

For processing estimates, head to the USCIS website. Select the form you filed, the form category, and the office you sent it to from the drop-down lists. Be aware that USCIS updates its average processing times once a month.

What to Do if You’ve Waited Longer Than the Average Processing Time

If your case is well outside the processing time listed on the USCIS website, here are your options:

• Double-check your USCIS case status online.

• Call the USCIS National Customer Service Center at 1-800-375-5283.

• File a case inquiry to find out why your application is taking so long to process.

Keep an Eye on Your Text Messages and Email Inbox

If you have created a USCIS account, you may receive the status updates such as:

We are still reviewing your case and there are no updates at this time. We will notify you when your case status changes. We last took action on your case on [date].

This system-generated message is sent to applicants who opt to receive email notifications. It does not mean your case has been approved or denied.

We have taken an action on your case. Sign in to your account to view your case status.

This update could indicate approval, denial, request for evidence (RFE), or another status update. If you receive this email but find no further information online, check back later. Sometimes the USCIS website takes time to reflect status updates.

For more help performing a USCIS status check, turn to Hurtubise Weber Law LLP. We can help you navigate the immigration application process. Call us today at (415) 849-1199 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.

TN Visa Restrictions

Have you been offered a job in the United States? If you’re a Canadian or Mexican citizen, you may be eligible for a TN visa. TN, or Trade NAFTA, is an arrangement under the North American Free Trade Agreement (NAFTA). This nonimmigrant employment visa allows Canadian and Mexican citizens in certain professions to work in the US.

TN status is one of the fastest, easiest US work authorizations available. However, some restrictions still apply.

You Must Maintain Your Visa Status

Under US immigration law, nonimmigrant employees who fail to maintain their TN status can be deported. This means if you stop working for your US employer, you’ll be asked to leave the country. If things escalate to this point, you could become ineligible to request an extension or change of status. Be aware that you may be exempt from deportation if you’re involved in a strike or labor dispute that prevents you from working temporarily.

You Must Leave the US or Make Corrective Measures If You Lose Your Job

If you are laid off, terminated, or voluntarily leave your job, you have 60 days or until your TN status expires, whichever comes first, to complete one of the following:

• Apply for a new TN visa with another employer

• File for a change of status to another nonimmigrant visa classification

• Make preparations to depart the US

Family members with TD visa status are also eligible for this grace period.

You Must Leave the US If Your TN Status Expires

Unless you file an extension application, you cannot continue working or living in the US once your TN-authorized stay expires. This date should be listed on your I-94 record or passport admission stamp. If you overstay, you could end up:

• Being deported

• Being barred from reentering the US for up to 10 years

• Having your TN visa stamps voided

• Having future TN visa applications denied

Your employer could also face civil penalties or criminal prosecution for continuing to employ you after your TN status expires.

You Cannot be Self-Employed

You can’t get a TN visa if you own or “substantially control” the US company you work for. Immigration offers to assess business ownership based on whether you:

• Founded or currently own and operate the company

• Have sole or primary control of the business, regardless of how many shares you own

• Receive most or all of the income the business generates

You Cannot Intend to Stay Permanently

A TN visa is meant for temporary workers only. You’re not allowed to use it if you intend to remain in the country indefinitely.

If you have questions about TN visa restrictions or how to apply for TN status, reach out to Hurtubise Weber Law. We’ll assist with the application process and offer advice to keep you compliant with TN visa restrictions. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers based in San Francisco and San Jose, CA.

H-1b Visa Cap Season is Almost Here!

USCIS has announced that the initial registration period for the FY2023 H-1b cap will open at 12 pm ET on March 1, 2022, and run through 12 pm ET on March 18, 2022.

H-1b visa cap season is rapidly approaching. If you are an employer looking to hire a foreign national under an H-1b visa, now is the time to get started with the process.

This March there will be an H-1b visa registration lottery system similar to the one used in March 2021. A company will be required to identify their H-1b visa candidates and enter them in the lottery for a chance at H-1b visa issuance.

We specialize in H-1b visas. If you are an employer with potential candidates, we would be happy to evaluate them for the H-1b visa. Please contact us today for a free employer consultation, at 415-413-8760 or theteam@huwelaw.com.

Can You Apply for a Green Card Next Month? Check the February 2022 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 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:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-february-2022.html

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.