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Green Cards and Adjustment of Status: What to Do After a Denial
For some people, US immigration is just an ordinary subject matter. For a person of a different nationality, however, visas, permanent residency, or citizenship are of great importance, especially when it comes to their immigration status. Immigration lawyers receive inquiries on a lot of things. Among the most common are those related to the complicated green card process. After all, filling out immigration forms and preparing you for the immigration interview is seldom easy.
The goal of a green card application is to be granted a permanent residence card, which is essentially proof of one’s permanent resident status. A green card holder is essentially a permanent resident of the United States. This means that he or she can make use of the different immigration benefits and privileges that come with such status. These are all specified in relevant immigration laws.
Aspiring immigrants may apply for a US green card in various ways. There is, however, no way to guarantee lawful permanent residence. An alien applicant getting denied an immigrant visa is not unusual. After all, the United States Citizenship and Immigration Services or USCIS office may deny a visa application for reasons it may deem valid.
Before USCIS denies your application, there are things that they will look more closely into.
In case a green card application is denied, the plan of action one must pursue will largely be based on the reason behind the denial. In these cases, having an expert on immigration law helping you is extremely important.
If getting a green card through marriage (to either a US citizen or lawful permanent resident), for instance, you are to provide proof that the marriage was bona fide. Since the marriage certificate alone will not suffice, photos and other supporting documents must be prepared and submitted.
If a foreign national who is applying to get a green card, meanwhile, is said to be inadmissible due to health concerns, a follow-up medical examination may be requested. It is also possible that your petitioner is not making enough money to sponsor you. Additional time will be given to you so you can look for supplementary sponsors.
Here, legal assistance from a competent immigration lawyer will play a key role. Keep in mind that if these documents will not be submitted, the applicant would likely be deemed ineligible. This means that such application for permanent resident status will formally be filed as denied.
What is an adjustment of status?
If you are a foreigner getting a green card from within the country, the process of filling out Form I-485 with other USCIS forms and supporting paperwork is called adjustment of status (in contrast to consular processing). Immigration lawyers play a very important role when trying to avoid a denial. He or she can help explain to you what to submit and what to do afterward. Note that the specifics of the immigration process can be quite complicated and is difficult to learn on your own.
My adjustment of status was denied. What should I do?
As explained above, green card applications are often filed with USCIS offices. Approval of your application is based on their discretion and evaluation. If your request for adjustment status led to a denial, there is generally no way to make a direct appeal. However, a competent immigration attorney can have the case reviewed. This is often done when new or additional information can provide, specifically those that could change the original decision on your application for lawful permanent residence.
How do I request a USCIS review?
In certain cases, a request to review the decision may be submitted to the Administrative Appeals Office. With the help of your immigration lawyer, you must file Form I-290B and pay the necessary application fee for the review. If this cannot be done, one can instead reapply to become a permanent resident.
Keep in mind that if an individual is currently in the United States without a valid visa, he or she may face deportation and find himself or herself in removal proceedings. Get legal advice from reliable immigration attorneys to know if something can still be done to avoid being deported.
(Immigrant visas may also be applied at an embassy or consulate in one’s home country. Here, since no direct appeal may be done, the only option for you is to try to figure out what went wrong and apply again to become a legal permanent resident.)
Applying for a green card is seldom easy. When preparing and submitting forms to the relevant government agency, legal assistance from an immigration law firm is very helpful. Talk to us at Diener Law to apply for a green card minus the stress. Call us at (657) 279-5506