Every year, the United States government will allow thousands of people to enter the country with a permanent residency status. In the U.S., permanent residency statuses are normally symbolized by what is commonly referred to as a green card. While many applications are processed and approved regularly, there are countless applications that get denied.
Denied applications can happen through a number of different factors. Reasons can vary from failing to be eligible to petition to inadmissibility because the petitioner failed to adequately prepare for application requirements. It should also be noted that a new policy has granted immigration officials a broadened power to deny applications without warning.
Before examining the reasons behind denied applications, it is important to understand what an application entails. Currently, family-based applications have two significant components:
The first is that the sponsoring family member will need to file an I-130 Form in order to establish the qualifying relationship with the foreign relative.
Secondly, once the I-130 Form and an immigrant visa have both been approved, the foreign national will need to apply for permanent residency through an adjustment of status or consular processing. This will depend on whether the foreign national is inside or outside the United States at the time of applying.
Understanding the process and what documents are needed is essential to a successful application. United States immigration laws narrowly define who is eligible for a family-based permanent residency application. This means that nothing is left to interpretation and one can quickly determine if a family-based application is the appropriate method of obtaining permanent residency status.
Unfortunately, even when a person meets an eligibility category, there can still be grounds for inadmissibility and this can cause an application denial.
United States immigration officials will reject a permanent residency to individuals suspected of being terrorists or spies but they routinely reject the applications of individuals who have certain ailments or financial difficulty. Petitioners need to demonstrate that they are not a threat to the United States in terms of health reasons, financial, immigration violations, and criminal grounds.
Health - A significant part of the application process is getting a medical examination by a designated physician. This is done in order to establish that the petitioner does not pose a health risk to the general public in the United States.
Financial - The sponsoring relative has a duty to demonstrate that he or she has sufficient assets or income to support the foreign national. This is done to ensure that the foreign national will not depend on the federal government for economic assistance.
Immigration Violation - All applicants’ immigration record will be closely reviewed before a petition is granted. If a visa has been overstayed or if the petitioner has entered the country unlawfully, it is likely that the application will be rejected.
Criminal History - When a petitioner has committed a certain crime, his or her application will likely be rejected. Crimes that can affect an application include drug crimes and acts of terrorism.
If you are seeking to petition for permanent residency in the United States but are unsure if you qualify, it is recommended that you speak to an experienced immigration law attorney. This can save you time and money in the process. If your application has been denied, a skilled attorney can help you understand what the best course of action is and if a waiver for the rejection is attainable.
The attorneys at the King Immigration Law Group have dedicated their careers in support of those in need of immigration law assistance. The firm has many years of experience handling permanent residency applications. Contact a proficient and skilled immigration law firm today.
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