Why May a Green Card Application be Denied?

Written by: Taher Kameli, Esq.

Finding out that your green card application (either complete Form I-485 or adjustment of status in the United States or apply for an immigrant visa at a U.S. embassy abroad) has been denied can be devastating. But, the authorities responsible for this don’t deny applications for silly reasons. More often than not, the denial is based on valid and justifiable factors.

Though the decision cannot be reversed easily, knowing what caused the denial might provide some form of closure. So, here are some of the top reasons why green card applications usually get denied.

Your health
To become a permanent resident of the U.S., you are required to provide a medical exam report. The medical examination itself has to be carried out by a government-approved doctor. Now, what’s published in the report is what could hinder your chances of getting a green card.

The U.S. government is very particular about health and if the medical report indicates that you’re carrying a deadly or dangerous communicable disease, your application will be rejected. This will also be the case if you can’t prove you’ve received the necessary vaccinations. Under U.S. immigration law, applicants are required to obtain certain vaccinations prior to the issuance of an immigrant visa.

Apart from that, if the report indicates that you are a drug abuser or have a mental disorder , your green card application will be denied.

Threat to the national security
If it is found that you pose a threat to the national security of the USA, this will lead to the denial of your green card application. The term “threat” here can refer to membership in terrorist groups, totalitarian parties and Nazi groups, and participation in genocide etc.

Similarly, involvement in sabotage, espionage or even the violation of U.S. export laws, will also cause your application’s denial.

Criminal record
If you have been convicted of a crime or have come to the U.S. for the purpose of carrying out criminal activity, your green card application will be denied. This includes an extensive list of crimes such as prostitution, money laundering, commercialized vice, drug trafficking, and crimes of moral turpitude.

Violation of Immigration laws
If you have entered the U.S. illegally, the USCIS will refuse to approve your green card application. This includes all illegal methods of entry such as misrepresentation or entry as a stowaway. Violation of Immigration laws also covers acts such as abuse of the VISA process, failure to participate in immigration removal proceedings, and failing to adhere to VISA terms and conditions.

So, there you have it – a few of the possible reasons why your green card application might have been denied or get denied in the future. There are various other factors to consider as well. Sometimes, it can happen due to an error caused by the immigration authorities.

If you feel that your green card application has been denied for unfair reasons, get in touch with our immigration lawyers for assistance. Our dedicated and well-versed attorneys are also willing to walk you through the application process so that you can successfully establish your permanent residency in the United States. Please do not hesitate to contact us at 312.427.0139 or taher@kameli.com for any questions you may have.