Many foreigners dream of working and living in America indefinitely. If you are one of these individuals, you should not hesitate to apply for a permanent resident card, also called a green card. Obtaining permanent residency creates new opportunities and extends the scope of your rights, whereas a visa only allows you to travel to and live in America temporarily.
Seeking permanent residency is a critical and complex immigration process. Sadly, many people, especially those who lack legal representation, face unexpected challenges, resulting in the denial of applications and giving up on the dream of becoming a lawful permanent resident. Below are the highlights of the challenges to expect when obtaining a green card.
Failure to Meet the Basic Eligibility Criteria for a Green Card
The United States statutes have provided many ways to apply for permanent residency. Also, the United States Citizenship and Immigration Services (USCIS) has stringent guidelines for immigrants who enter California and qualify for lawful permanent residence. Your application will be accepted if:
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You are an Immediate Family of a U.S. Citizen
You can apply for permanent residency and expect a fast response if you are an immediate family member of an American permanent resident. For immigration laws, immediate family can include individuals whose spouses are U.S. citizens. The list comprises same-gender spouses and widows or widowers who recently lost their spouses. The essential requirement if you belong to this category is for your marriage to be valid under American laws or the laws of the country where the wedding was conducted.
Similarly, you are eligible for permanent residency when you are an unmarried child, 21 or younger, with one of your parents as a U.S. citizen. A child who is 21 or older and whose parent is an American citizen is also eligible for a green card. Alternatively, if you are an adopted child of a permanent resident or citizen, you can obtain a green card quickly.
Immigration statutes provide several permanent residency cards for immediate family members. However, you must adhere to the stipulated requirements to obtain the card. If you stick to all the set conditions and avoid errors in your application, it will be processed quickly.
Nonetheless, if you are an uncle, aunt, or parent-in-law to an American citizen, the process will be delayed, and the application could be denied. If you belong to this category of close family members like aunts and uncles, it will be challenging to obtain a green card immediately. You must wait for one year before applying. Your sponsor files a petition when there is an opening, but the challenge is that you cannot predict the outcome or the duration you must wait before a decision. Typically, the wait time hinges on the number of applicants from your country and the visa type. You can wait up to 20 years, which is a massive obstacle to attaining your dream of becoming a legal permanent resident.
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You are a Preferred Worker or Employee
Another way to obtain permanent residency is to have a job offer from an American employer who acts as your sponsor. The U.S. issues an average of 140,000 permanent residency cards to individuals with skills needed in the country. Typically, you have an employment or job offer before the application starts. The sponsoring employer must prove that they could not find your skill set in the American labor market.
The sponsor must advertise the job openings and recruit before they can look for skills from foreigners. If they cannot find willing and qualified candidates with your skill set, they are free to outsource the skills from another country.
Because of the cap on the number of applicants, there is a preference list. You can wait years to obtain permanent residency based on your preference category. Additionally, if you are an employer willing and able to invest $1 million in California to create at least ten job opportunities, you are eligible for a green card.
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You are Seeking Asylum or Refuge
You are eligible for a green card if you are fleeing your country because of fear or persecution. If you are still living in your country, you can apply for refuge, but if you are already at the American border, you should apply for asylum.
For your application to be accepted based on persecution in your country, the persecution must be based on ethnicity, religious beliefs, nationality, or political opinion. Your application will be denied if you apply for permanent residency because of poverty or arbitrary violence.
When eligible, you can apply for a green card twelve months after your application for asylum or refuge is approved.
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If You are a Long Term American Resident
Immigration laws allow you to seek permanent residency if you have been in the country for many years. Illegal immigrants living on American soil for over a decade can apply for a green card under this category. Nonetheless, the application process under this category is complex because you must show up for a hearing in an immigration court to explain your illegal presence in the country. The proceeding involves the cancellation of your deportation for the unlawful stay.
You must show the court that your removal will adversely impact your lawful permanent residents, citizen children, or spouse. Before applying for a permanent residency card under this category, speak to an immigration attorney first for legal guidance.
These are just a few ways to apply for a green card. You can qualify for the card in many other ways, but the eligibility criterion is narrowly defined. You cannot apply for permanent residency just because you have friends who are citizens or green card holders willing to sponsor your stay or can prove you would make an excellent member of the U.S. community. You must meet the requirements provided under the law to obtain permanent residency.
You can attempt to squeeze yourself through an eligibility category you do not fit into by arguing that you are an unmarried child below 21 of an American citizen when you are already married. You can also attempt to marry an American citizen whom you have paid to sponsor you. Using these tactics to cheat the system will result in application denial immediately or even after you have immigrated to the country.
Luckily, not all green card categories are covered in this blog. Therefore, you can rely on temporary visas to familiarize yourself with the U.S. and create the right connections. That way, you will enhance your chances of green card eligibility.
And, if you are apprehended for illegally being in America, there are multiple defenses you can apply to avoid deportation, but you need an experienced immigration attorney on your side.
Inadmissibility Resulting in Green Card Denial
Fitting the eligibility categories does not guarantee a green card. Based on your health, finances, security, criminal record, and immigration status, you must prove that you are eligible for admission and won't threaten the American people. Your application may be rejected on the grounds of inadmissibility for several good reasons, including those listed below:
You Have Health-Related Complications
You must undergo a medical examination by a government-appointed doctor or physician to demonstrate that you are in good health to be accepted as a legal permanent resident. If the medical report says you have an infectious disease like tuberculosis that threatens public safety, you will be deemed inadmissible. You will be forced to treat the infection first before you can seek admission. Again, if you cannot provide evidence that you have received the necessary vaccination, your green card will not be approved until you have the vaccination. Your application for a permanent residency card will be denied if you are battling mental disorders or drug addiction and threaten public safety.
You Have a Criminal Record
If you have a criminal record or are coming to the United States to commit crimes, it will be difficult for you to get a green card. You will not pass the criminal background checks denying you permanent residency when you have been charged and convicted of a crime of moral turpitude or specific offenses like prostitution, money laundering, and drug trafficking.
When applying for a green card through consular processing or adjusting your status, you must answer questions truthfully when filling out the forms. If you have been previously convicted of a security or criminal-related offense and indicate so in the papers, your application will be denied if you fail to demonstrate your admissibility.
You Have a Security Matter
If your goal in moving here permanently is to carry out an act of terrorism, you are considered inadmissible. Consequently, your application for a green card will be denied if you are a former or current totalitarian party, Nazi, or genocide member. Also, if you have participated in an activity to remove the government from power and sabotaged or violated American export regulations on services, products, and technology, the actions will result in permanent residency denial.
You Have a Public Charge Issue
The American government is reluctant to offer permanent residency to non-citizens with a meager income because they do not want someone who will rely on them for financial support for a long time. The officer evaluating your application will consider your age, health, skills, financial situation, family situation, and assets before making an admission decision.
When a family member sponsors your application, you will be less likely to rely on the government for financial support, increasing the chances of a successful application. Also, if you lack health insurance coverage, your chances of permanent residency are slim, as you will be deemed inadmissible.
Failure to Meet the Application Criteria
Many documents, fees, and application forms must be included when you submit an application for permanent residency to the USCIS or the consular office. If you do not carefully read and comprehend these instructions, the requirements set forth by immigration laws will not be met, resulting in the rejection of your application. However, before a decision to deny you a green card is made, the government will give you a chance to submit the missing document. The application will be accepted if you successfully locate and submit the required documentation, which could cause delays.
Different requirements apply to your application, whether you are changing your status or going through consular processing.
Skipping Immigration Appointments
There are two ways of obtaining a permanent residency card. The first option is consular processing, where you submit your application at a consular office abroad. The other way is through status adjustment, which is done when you are on American soil. Either way, you must attend an interview for fingerprint processing. Additionally, you can reschedule if unforeseen circumstances prevent you from keeping the appointment. Nonetheless, you are deemed inadmissible when you skip the interview and fail to reschedule.
Denial of the Baseline Visa Petition
There are several eligibility categories for permanent residency, including family-based and employment-based. If you have a job or an employment offer, your employer will file the petition using Form I-140. If you are applying for a visa based on family, your sponsoring immediate family member will fill out Form I-130. If these baseline petitions are denied, your application for permanent residency will be automatically dismissed.
Being deemed inadmissible can severely dent your dreams of becoming a lawful permanent resident. Fortunately, a waiver, also called legal forgiveness, is available, although not for everyone. You must meet the necessary qualifications and submit the required documents. When applying for legal forgiveness, you need an immigration attorney because they know how to make a solid argument and provide the necessary evidence to back up their assertions.
Errors in the Application Paperwork
While some people denied permanent residency cards are ineligible, others accidentally make mistakes on the forms. When seeking permanent residency, you must complete and prepare a lot of paperwork. Even if you qualify for a green card, you can destroy your chances by not following instructions, filling out all the boxes on the forms, or paying the required fees. Sending the wrong document or failing to sign the forms can delay or deny you a green card.
You should thoroughly check your application to make sure there are no errors before mailing it to the consular office or USCIS. Let’s discuss further these application errors or mistakes:
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Not Providing Translation
All non-English documents submitted to the USCIS or consular office, including birth and marriage certificates, must be translated into English and include both the non-English version and a certified translation in the package. To qualify as a certified translation, the English version of the document must bear the translator's name, address, and signature. Also, the document must have the date of the translation.
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Missing Signatures
All the time you spend completing the forms will be for nothing if you do not append your signature on the documents or sign in the wrong place. Your application package has many pages that require your signature. Incorrect signatures on any of these pages will result in the delay or denial of your application.
Similarly, you must ensure that other parties required to sign the document have signed. Ensure the immigration officer receiving the documents or your sponsor signs the necessary paperwork. Take your time and thoroughly examine the signatures to ensure that the correct parties have signed the proper paperwork on the correct pages to prevent your application from being rejected.
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Accidentally Giving Wrong Information
Giving false information, even unintentionally, will be viewed as lying and lead to the rejection of your application. Therefore, when completing the forms, ensure your name, address, previous employment information, dates, and criminal history are accurate. Prepare all the documents you need for the application and have them with you when filling out forms to avoid giving false information.
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Incorrect Government Fee
A lot of errors occur in the payment section of an application. You must make sure you pay the correct fee for each application for permanent residence. Therefore, double-check to ensure you send the right amount and any other fees that may be necessary for different forms. Paying the wrong amount will delay the application, and if you do not correct the payment, the application will be denied.
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Failure to Obtain the Right Assistance
Errors in your green card application can be costly. You must prepare all the necessary paperwork and fill out the forms correctly. Using an immigration attorney to provide expert advice and assistance during the application is the best strategy. Applications for permanent residency can be complicated, drawn out, and perplexing, especially if you don't speak English.
Many green card applications are delayed or denied because of avoidable mistakes. You can avoid these errors with the right legal help and save yourself months of frustration.
Find the Right Los Angeles Immigration Attorney Near Me
Obtaining a green card to stay in the U.S. indefinitely is the best way to safeguard your rights and open up opportunities. It also helps you reunite with your family by bringing them into the country. However, the process has many challenges; the best way to address them is by first recognizing that these problems exist. Despite the difficulties, the California Immigration Attorney is prepared to assist you in obtaining permanent residency. Call us today at 424-789-8809 to discuss your case.