The United States has a rigorous immigration policy that details which applications are accepted or rejected. Every application is carefully considered. Most times, you will get an interview with a consul. It is a challenging process and can be really frustrating for the applicant.
Especially if you get rejected, the process frustrates you, or you are still trying to figure out what to do. However, the US has a clear law that explains all the different immigration approvals, requirements, and how to apply for them. It also has special sections that explain why an application might be rejected.
There are a lot of things that can go wrong with your application in the US and lead to it being denied. The more complicated the process, the more likely you will need to hire an experienced immigration attorney in Jackson Heights to help you through the whole process.
If you want to go through the immigration process, knowing the common issues you may have to deal with before you get started is vital. This will help you better prepare for your case. We have compiled a list of the most common issues why your application could be denied.
Also, there is a clear FAQ section to get more info about the most common issues with US immigration.
Common Issues In Visa Applications
If you are applying for a visa, your US embassy or consulate consular officer can approve or reject it. Usually, they will show you the law section explaining why your application was denied. If you are not allowed to get a visa, they will usually tell you to ask for a waiver.
Depending on the reason for the denial, you can later either bring a temporary visa or a permanent one. If you can get a temporary visa, you can apply again. But if you can’t, you won’t be able to. You may need help with the visa application process. The common ones are:
1. Incorrect application and failure to support your application.
This is one of the common issues in a visa application that may lead to visa denial. If you have been denied a visa, it may mean that you still need to provide the consul with a complete application or any supporting documents. That doesn’t mean your case is totally rejected, though.
You still have time to fix your mistake and give the embassy the missing info or documents before they make a final decision. Once you get the news that your application isn’t complete, you will get a letter that tells you exactly why you are being rejected and what documents or info you are missing.
You will have a year to get them, or else your case will get thrown out, and you must start over from scratch. Under this section, your embassy or consulate may also take your application to the next step. This means they will do additional security checks or investigations. This is usually done through a different agency.
Most of this administrative stuff is handled within 60 days of your visa interview. But if the case is transferred to USCIS or another agency, it could take a few months to finish. Hiring an immigration attorney in Jackson Heights is essential to avoiding this issue in your visa application.
2. Ineligibility and wrong intention.
Applying for a non-immigrant visa can only be denied under section 214 of the INA law. Visa denial under this section means that you have yet to show the consular that you qualify for the visa. It would help if you also showed that you have strong ties with your home country and don’t plan on staying in the US illegally.
For strong ties, you should show that you have a job, are married, are in a relationship, have property, have kids, and have good relationships with family and friends in your home country. You can’t appeal it if you don’t qualify for the visa. But since it is not a long-term decision, you can reapply if you think your situation has changed significantly.
If you do, you must pay the visa fee again and attend another interview.
3. Other issues.
If you get a rejection on your INA application, you will likely rely on the US government for your income and support (i.e., you are a public charge). This isn’t a permanent disqualification, but it can be overcome. You can apply again if you can submit an affidavit of support from a qualified sponsor, with bank statements and pay slips.
Nonimmigrant visa applicants must prove they can afford to live independently during their US stay. Another issue is being in the US illegally. If you are in the US illegally, that means you are not allowed to stay there after the end of your authorized stay or if you don’t have the correct paperwork.
This is one of the issues that may lead to the rejection of your visa application. If you can get a waiver, let your consular officer tell you about it. An immigration attorney in Jackson Heights can help you handle these common issues you may face in your visa application.
Common Issues In Green Card Applications
Getting a green card can be tricky; one wrong form or missing a deadline can lead to delays or rejection. Also, once you have your green card, you want to stay on good terms so you don’t lose it. Here is a list of common issues you can experience during and after green card applications.
Most often, these issues begin by not talking to an immigration attorney in Jackson Heights who can help guide you through the process and ensure you don’t make any mistakes.
Issues for applicants
Knowing it is a complicated process is essential if you want to get a green card. You must complete many forms, pay fees, and have all the correct paperwork. Making a mistake may cause application delay or denial, and you may have to start all over again.
It is essential to talk to an immigration attorney in Jackson Heights to ensure you have the correct paperwork and follow the process correctly. You must go through a thorough medical checkup by a government-approved doctor. If you don’t pass the test, you could be denied.
If you are at risk of being dependent on government care or money, the government might reject your application. You can also get an affidavit saying you accept financial responsibility to lower the chances of rejection.
You can get a ‘‘conditional’’ green card for the first couple of years if married. But you must file to remove the condition within 90 days before it expires. If you don’t, you may be asked to leave the US.
Issues for green card holders
If you have lost your green card or think it has been stolen, contact an immigration attorney in Jackson Heights to help you get a new one fast and efficiently. As a green card holder, you can live, work, and visit the United States if you follow specific rules and don’t engage in illegal activities.
Many serious offenses, or combined, can lead to removal proceedings. Here is what you need to know about what can put a non-citizen at risk of being sent back to the country where they were born. Most immigration applications require proof of good moral character, but some crimes may prevent you from proving it.
For more information about good moral character, talk with an immigration attorney in Jackson Heights. If you travel with a green card, you may risk losing your green card if you travel for an extended period.
Common Issues with US Citizenship Applications
Citizenship application is a challenging process. It takes a lot of hard work and attention to detail to get it right. Some common issues that may lead to a denial of your application include a criminal record, not paying child care and child support, and not paying taxes.
If you have a criminal record, the USCIS will examine your criminal history before deciding whether to accept your application. The biometric service exam used by the USCIS to check your background can be used to scan your criminal history.
If you have a criminal record within the last five years, it is a good idea to talk to an immigration attorney in Jackson Heights to sort out the issues and help you through the application process.
If you are struggling financially, it is essential, to be honest with the USCIS about it and work with your immigration attorney in Jackson Heights, the USCIS, and your tax adviser to sort the problem and ensure no one finds out about it.
If you or someone close to you has an immigration problem, it is an excellent option to get an experienced immigration attorney to help you. At Gehi and Associates, we have an experienced team of immigration attorneys who can ensure your application is approved quickly and with a higher likelihood of success.
Our attorneys will also be there when you meet with an immigration official or judge. We will help you review your paperwork professionally to be sure you don’t make any errors or omissions that could be seen as fraud. If you need help, contact us today!
1. What should be the status of my passport while applying for a visa?
You must have a valid passport for your trip to the US and a date at least 6 months after your planned stay in the US (unless there is an exemption for your country).
2. What can I do if my application is denied because I am ineligible?
If you apply for a visa, you might not qualify for it temporarily. But you can apply again if you think your circumstances have changed. Your consulate will check if you are eligible. If you are ineligible forever, you can’t get a visa. But your consulate might suggest asking for a waiver.
3. Should I get an attorney to get a US green card?
Even though you can find green card forms and guides online, it can still be confusing. Hiring an immigration lawyer can make the process much simpler and straightforward. This will help you relax and not worry about making mistakes or missing deadlines or requirements.
4. How long does a US green card last?
Green cards are permanent, but you must renew them every 10 years.
5. What happens if I forget to go for biometrics?
Keep all your appointments with USCIS to avoid any delays in processing your application. If you don’t show up for your appointment and don’t ask for a different date, USCIS may shut down your case for abandonment. You can talk with an immigration attorney in Jackson Heights to know how to ask for a new appointment date in the biometric appointment notice.