The US immigration system is particular about which applications are accepted or rejected. Every single application is thoroughly vetted. You will most likely be asked to meet with a consulate representative. This process can be very challenging for you as an immigrant.
Especially if you have been denied, are fed up with the process, or are unsure what to do next. However, the US has a clear immigration law that outlines the various immigration approvals, requirements, and how to apply, as well as specific reasons why an application may be denied.
Many factors can affect your application in the US and cause it to be denied. The more complex the process becomes, the more likely you will need to seek the services of an experienced immigration attorney in Bronx, NY, to assist you.
If you want to apply for immigration, it is essential to understand the common issues you may face before you begin your immigration journey. This way, you will be better prepared for your case.
We have compiled a list of why your application might be rejected. There is also an easy-to-read FAQ section to learn more about the most common issues in the US immigration process.
When you apply for a US visa, your consular officer at the embassy or consulate can approve or deny your application. They will typically show you the law that explains why your application has been rejected. They may advise you to request a visa waiver if you cannot obtain a visa.
Depending on why your visa has been denied, you can submit another visa application, either for a temporary or permanent visa. There are many issues you may face in a visa application. So, you will need the help of an immigration attorney in Bronx, NY. Common visa issues include:
1. Application issues
One of the most common reasons for a visa application to be denied is that you submit an improper application. The forms must be completed appropriately or backed up with the correct documents. If you are denied a visa, this does not mean that your case is lost.
You may still have time to correct your error and provide the embassy with the missing information or documents before making the final decision. Once you receive the news that your visa application is incomplete, you will receive a letter explaining why your case is being denied and what documents or information you are missing.
You will have one year to provide the missing documents, or else your case is lost, and you will have to start from scratch. After resolving this issue, the US embassy or consulate may take your visa application to the next stage. This means that they will conduct additional security screenings or investigations.
These are typically done through another agency. Most of these administrative tasks are completed 60 days after your visa interview. However, if your case is transferred to the US Citizenship and Immigration Services (USCIS) or another agency, the process could take several months to complete.
You must hire an immigration attorney in Bronx, NY, to avoid this problem in your visa application.
2. Ineligibility Issues
A nonimmigrant visa denial can only be made under section 214 of the INA. A visa denial under this section indicates that the consular must still determine the applicant’s eligibility. It would be helpful if the applicant demonstrated that they have strong ties to their home country and do not intend to remain in the US illegally.
For strong ties, applicants should demonstrate that they have a job and are married or in a relationship. They should also demonstrate that they have property, children, and good relationships with their family and friends back home. If the applicant does not meet the criteria for the visa, they cannot appeal the denial.
However, since the denial is not permanent, they may reapply if they believe their situation has significantly changed. If they do, they must repay the visa fee and appear for another interview.
3. Proof of funds issues
You will be denied a visa if you are likely to depend on the US government for income and assistance (you are a public benefit). This is not a disqualification that lasts forever, but it does prevent you from being approved. You can reapply if you provide a supporting affidavit from a qualifying sponsor, complete with bank records and pay stubs.
A nonimmigrant visa applicant must demonstrate that they can live independently during their US stay. Another problem is illegal immigration. If you are in the US legally, you may not be allowed to stay after your authorized stay ends or if you need the proper documentation.
These are some common visa application issues that can cause your visa application to be denied. If you qualify for a waiver, tell your consular about it. An immigration attorney in Bronx, NY, can help you with these common visa application issues.
Green card issues
Green card applications can be complex, and one incorrect form or missed deadline can cause delays or rejection of your green card application. You also want to follow the rules to keep your green card. Here are some common problems you may face during and after applying for a green card.
Most of these problems start with not speaking to an immigration attorney in Bronx, NY, who can help you go through the process and prevent you from making mistakes.
1. Application issues.
Understanding that getting a green card is a complex process is essential. You must fill out many forms, pay many fees, and ensure you have all the proper paperwork. If you make a mistake, it could cause your application to be delayed or denied, and you will have to start again.
It is essential to speak with an immigration attorney in Bronx, NY, to ensure you have the correct paperwork and follow the process correctly. You must go through a comprehensive medical exam by a government-certified doctor. If you fail the exam, your green card could be denied.
If you are at risk of becoming dependent on government assistance or money, your green card may be denied. You can get an affidavit saying you accept financial responsibility to reduce the chances of your green card being denied. You can get “conditional’ green cards through marriage.
Later, you must file to remove that condition within 90 days of the expiration date. If you fail to do this, your green card will be denied.
2. Issues keeping your green card.
If you have lost your green card or think it has been stolen, contact an immigration attorney in Bronx, NY, today to help you quickly obtain a new green card. As a green card holder, you can live and work in the US if you follow specific guidelines and do not engage in illegal activities.
Cumulatively, a variety of serious offenses can trigger removal proceedings. Some things put the non-citizen of the US in danger of being returned to their home country. While most immigration applications require evidence of good character, some crimes may make it impossible for you to prove it.
If you want to learn more about a good character in immigration, speak with an immigration attorney in Bronx, NY, today. Green card holders may risk losing their green card if they travel for extended periods.
3. Citizenship issues
Citizenship applications take a lot of work. It requires a lot of effort and attention to detail. Common issues that can cause your application to be denied include:
- A criminal record;
- Nonpayment of child care and/or child support;
- Nonpayment of taxes
The USCIS will examine your criminal record before considering your citizenship application. The USCIS uses the biometric service test to screen your background. It can scan your criminal record. If you have had a criminal conviction within the last 5 years, it is crucial to speak with an immigration attorney in Bronx, NY.
They can help resolve the issues and guide you through the citizenship application process. If you experience financial difficulties, it is essential to be open and honest with the US Citizenship and Immigration Services (USCIS) about it.
You can work with them, your immigration attorney in Bronx, NY, your tax adviser, and others to resolve the issue and ensure no one knows.
Are you facing any immigration issues? Or do you want an issue-free immigration case? Then, it is a good idea to get the help of an experienced immigration attorney in Bronx, NY. At Gehi and Associates, we have a team of experienced immigration lawyers who can help you get your application approved faster and with a higher chance of success.
Our immigration attorneys will also be with you when you meet with immigration officials or judges. We will professionally review your paperwork to ensure you do not make any mistakes or omissions that can be considered fraud. Contact us today!
1. Can my green card expire?
Yes. Although green cards are permanent, they are renewable every 10 years.
2. What should I do if I miss my biometrics appointment?
Don’t forget to keep all of your USCIS appointments. This will help reduce the time your application will take to process. If you do not attend your appointment and ask for a rescheduling, USCIS will likely terminate your case on the grounds of abandonment. You may speak with an immigration lawyer about requesting a rescheduling for your biometric appointment in the USCIS notice.
3. Do I need a lawyer to get a green card?
Although green card forms and guides are readily available online, the process can still be overwhelming. With the help of an immigration lawyer, the process will be much easier and less stressful. You won’t have to worry about making mistakes or missing deadlines or requirements.
4. What should I do if I get a visa denial because I am not eligible to apply?
You may not be eligible for a visa for some reason. But you can try again. The US consulate will review your application to determine if you meet the criteria for a visa. You can reapply if you believe your situation has changed. If you are permanently ineligible, you cannot obtain a visa. However, you may be advised to apply for a waiver.