Shilpa Malik 
Sabrina Saada 
Receiving a green card denial can be a devastating blow after investing so much time, effort, and money into the process. But a denial is not always the end of the road. This guide will walk you through the most common reasons for green card denials and, most importantly, explain exactly what you can do next.
Schedule a consultation with a VisaNation Attorney to receive personalized information about your case.
Green Card Rejection Vs Denial Explained
Before diving into the reasons for denial, it’s important to explain that green card denial and rejection are two very different things:
- Rejection: Can be caused due to mistakes like a missing signature or incorrect filing fee. In these cases, USCIS will not even accept your application for processing. They will consider it improperly filed, and the entire application package, along with the filing fee, will be mailed back to you. You will receive a rejection notice, often a Form I-797C. You may restart, but you cannot get back the lost time and effort.
- Denial: A denial happens after USCIS has accepted your case, cashed your check, and reviewed the evidence. A denial means they have determined that, based on the information provided, you are not eligible for the green card.
Common Reasons for Green Card Rejection
Missing information in your application forms
Failing to provide all of the information and evidence requested in each application is one of the leading causes of green card rejection. Whether it’s forgetting to include your “wet signature,” providing the wrong size passport photos, or leaving out requested evidence, these are all likely to lead to rejection.
Issues with Document Translations
If any of the documents submitted are in a language other than English, they must be translated. This includes birth and marriage certificates, bank statements, college transcripts, divorce documentation, and any other relevant supporting evidence. The translator is also required to certify the translated version by including their name, address, and the date the translation was completed.
Insufficient Filing Fees
Because the fee structure often changes and the locations to send the fees to can be confusing, it’s easy to pay incorrect fees during your green card petition. To avoid this, you need to double-check the required fees for each application form and pay in full.
Top Family-Based Green Card Denial Reasons
There are two main categories of green cards: family-based green cards and employment-based green cards. Each has unique denial reasons and ways to respond that you should be aware of. These are the top reasons for family-based green card denials:
You Are Not an Eligible Family Member
To qualify for a family-based green card, you must be an eligible family member. For USCIS, this means friends, cousins, grandparents, aunts, or uncles do not qualify.
Instead, eligibility is limited to specific, closer family relationships, which are divided into two main groups: immediate relatives of U.S. citizens and family preference categories:
Immediate Relatives
Immediate relatives include:
- Spouses of U.S. citizens: IR1
- Unmarried children under the age of 21 of U.S. citizens: IR2
- Orphans adopted abroad by U.S. citizens: IR3
- Orphans to be adopted in the U.S. by U.S. citizens: IR: 4
- Parents of U.S. citizen (must be at least 21 years old): IR5
Family Preference
The family preference category is for qualified relatives of both U.S. citizens and lawful permanent residents. They include:
- First Preference (F1): Unmarried sons and daughters (21 or older) of U.S. citizens.
- Second Preference (F2A and F2B):
- (F2A) Spouses and unmarried children (under 21) of lawful permanent residents.
- (F2B) Unmarried sons and daughters (21 or older) of lawful permanent residents.
- Third Preference (F3): Married sons and daughters of U.S. citizens.
- Fourth Preference (F4): Brothers and sisters of U.S. citizens, where the U.S. citizen is at least 21 years old.
If you try to apply for a family-based green card and do not fit into the above categories, this is a guaranteed denial.
Not Proving a Real Relationship.
It is not enough to just have family relationships defined above. To successfully petition for a family-based green card, you must provide U.S. Citizenship and Immigration Services (USCIS) with approved supporting evidence to prove the legitimacy of that relationship.
- For marriage, this could include a marriage certificate
- For parents, this could include a birth certificate.
- For spouses, this is the category that is most closely investigated. You and your spouse must provide appropriate relationship evidence, including documentation showing shared financials, assets, and photos of you both physically together.
Oftentimes, people receive denials because:
- Inappropriate or insufficient evidence is provided
- Divorce documentation was not provided.
- The marriage wasn’t legally recognized in the country where your marriage took place.
Marriage on a Visa That Does Not Allow Dual Intent
If you marry on certain visas that do not have “dual intent”, especially soon after arriving into the U.S., this raises a huge red flag. For example, this happens to many people who enter the United States on a tourist visa and get married within 60 days of their arrival, and then request a green card.
This rushed action is often interpreted as having the intention of acquiring a green card from the start of the nonimmigrant visa application process. This is called “willful misrepresentation of your true intentions” and often leads to green card denial.
Financial Reasons
A family-based green card petition may be denied on financial grounds if the sponsoring relative fails to demonstrate that he or she has sufficient income or assets to provide for the sponsored family member.
This must be proven with an affidavit of support, and a sponsor must provide evidence that they have at least 125% of the HHS poverty guidelines. Fortunately, a willing family member can help in this respect even if you don’t have the necessary funds.
Violation of Immigration Rules
The immigration officer will review both your immigration history and that of your spouse (the beneficiary and the petitioner) to determine past violations of your immigration status. For instance, actions like entering the country illegally or overstaying your visa increase the likelihood of green card denial.
Denial on Health Grounds
All green card applicants must pass a medical examination with a USCIS-designated Civil Surgeon (in the U.S.) or a Panel Physician (abroad). The exam screens for specific grounds of inadmissibility, including:
- Communicable diseases of public health significance (e.g., infectious tuberculosis, syphilis).
- Lack of required vaccinations.
- Physical or mental disorders with associated harmful behavior.
A finding of an inadmissible “Class A” condition will pause the application, but it does not usually mean a final denial. Treatable diseases must be resolved with medical care before approval, and for some other conditions, an applicant may be eligible to apply for a waiver.
Past Criminal Record
Your family-based green card petition could be denied if you were found to have a criminal history for certain crimes. Some of the common crimes for inadmissibility are
- drug-related crimes
- aggravated felonies
- and participation in terrorism.
Inconsistencies in Your Application
This is a major red flag for USCIS. When information on the forms contradicts other forms, supporting documents, or affidavits, it damages the credibility of your entire case.
Examples could include:
- A mismatch of birth or places of birth on the I-130 versus a passport or birth certificate.
- Providing a date for your current marriage that overlaps with the end date of a previous marriage.
- Inconsistent answers in the interview about key details of your relationship history, such as when and where you met.
Inconsistencies like this can lead the officer charged with your case to doubt the validity of your relationship.
Top Employment-Based Green Card Denial Reasons
There are many different employment-based green cards, and each has differing requirements. Your green card could be denied as a result of a failure to meet any one of these requirements. Here are some of the most common green card denial reasons:
Issues with the PERM Labor Certification
The PERM is required for most employment-based green cards (EB-2 and EB-3). Any significant errors here will stop the entire green card process. Because random and targeted audits are very common, issues could include
- Issues in the recruitment process where your employer fails to follow the Department of Labor’s strict recruitment and advertising rules.
- Failing to respond to an audit by the 30-day deadline
- The job requirements listed in the recruitment ads do not match what is on the PERM application (Form ETA-9089). Any significant mismatch can lead to a denial.
Employer’s Inability to Pay the Proffered Wage (I-140 Denial)
In the I-140 stage, USCIS typically looks at the company’s annual reports, federal tax returns, or audited financial statements to ensure the company can afford to pay the proffered wage.
If the company’s net income or net current assets are less than the proffered wage, the petition may be denied.
Failure to Maintain Lawful Status (I-485 Denial)
In the I-485 stage, any of the following issues with lawful status can result in green card denial:
- Working without authorization, even for a single day, can disqualify an applicant.
- Overstaying a visa or falling out of a valid non-immigrant status.
- Leaving the U.S. while the I-485 is pending without an approved travel document (Advance Parole) can be considered an abandonment of the application.
Reasons for Green Card Renewal Denial (Form I-90)
New Criminal Offenses
A criminal conviction since you received your green card, especially for crimes of theft, fraud, or violence, can make you ineligible to remain in the U.S.
Example
A business owner with a green card pled guilty to a misdemeanor for “unauthorized use of computer data” during a commercial dispute, receiving only a fine. Because the act was viewed as deceitful for financial gain, USCIS classified it as a Crime Involving Moral Turpitude (CIMT) and denied his green card renewal, even though he never spent a day in jail.
Extended Absences From the U.S.
If your travel history suggests your true home is outside the United States, USCIS can deny your renewal for abandoning your permanent residence.
Example
A lawful permanent resident spent several years caring for a sick parent abroad, returning to the U.S. roughly every five months to avoid long absences. USCIS denied her green card renewal, concluding that her travel pattern showed her actual residence was outside the U.S. and that she had abandoned her permanent resident status.
Fraud or Misrepresentation
Intentionally providing false information or concealing material facts on your renewal application is a direct grounds for denial.
Example
A man had a child with another woman while legally separated from his wife. After reconciling with his wife, he renewed his green card but intentionally omitted the child from the application to avoid complications. USCIS discovered the birth certificate and denied the renewal for willful misrepresentation, stating the omission showed a lack of good moral character.
My Green Card Application Was Denied: What Are My Options?
If you receive a green card denial notice, there are a few options depending on your situation.
Option One: Motion to Reopen
A Motion to Reopen is appropriate when you have new facts or evidence that were not available at the time of the original decision and could change the outcome of your case.
Step 1: Identify New and Relevant Facts
To succeed, you need to provide new evidence that overcomes the reason for the denial. For example, this could be submitted a missing document that proves your bona fide marriage such as a joint lease or birth certificate of a child, which would qualify as new evidence.
Step 2: Gather Your New Evidence
Collect all the new documentation. Ensure it is organized, translated (if necessary), and directly addresses the reason for the denial stated in your notice from USCIS.
Step 3: Draft and File Form I-290B
The next step is to complete and file Form I-290B. In the motion, you must clearly state the new facts, provide the supporting new evidence, and explain how this information makes you eligible for the green card. As the stakes are high, this is best done with the help of an immigration attorney,
Step 4: Await a Decision
USCIS will review the motion and the new evidence. If they agree that the evidence could change the outcome, they may reopen your case and re-adjudicate it.
Option Two: Motion to Reconsider
A Motion to Reconsider is best if you believe USCIS made a legal or policy error in their decision. Rather than introducing new facts, you are arguing that they interpreted the existing facts or the law incorrectly.
Step 1: Pinpoint the Legal Error
Due to the complex nature of a motion to reconsider, you should carefully review your denial notice with an attorney to identify the specific law, regulation, or USCIS policy that you believe the officer applied incorrectly to your case.
For instance, if the denial was based on a misinterpretation of a specific section of the Immigration and Nationality Act, that would be the basis for your motion.
Step 2: Construct Your Legal Argument
This step almost always requires an attorney. You need to build a solid legal argument that cites precedents, laws, or established policies to demonstrate why the decision was wrong based on the evidence you originally submitted.
Step 3: Draft and File Form I-290B
Complete and file Form I-290B. Your submission must include a detailed legal brief that outlines the error and provides the legal reasoning for why the decision should be reversed.
Step 4: Await a Decision
The office that made the original decision will review your motion. If they are convinced that their initial decision was based on an error of law or policy, they may reconsider and approve your case.
Option Three: Filing an Appeal
An appeal is a request for the Administrative Appeals Office (AAO), a third-party, to review the decision. You would file an appeal if you believe the USCIS officer made an incorrect legal decision, similar to a motion to reconsider.
Step 1: Decide if an Appeal is Worthwhile
The AAO has a history of siding with the original officer. Discuss with your attorney whether an appeal is the most strategic choice, as it can be a lengthy process with a low success rate.
Step 2: File the Notice of Appeal (Form I-290B)
You must file Form I-290B within the 30-day window to initiate the appeal process. This form serves as your notice that you are challenging the decision.
Step 3: Submit a Legal Brief
After filing the notice, you will typically be given another 30 days to submit a brief. This document is crucial and should be prepared by an attorney. It will lay out the legal argument for why the original decision was incorrect, citing relevant laws and case precedents.
Step 4: The AAO Review Process
The AAO will conduct a “de novo” review, meaning they will look at the case from a fresh perspective. However, they are only reviewing for errors in the application of law or policy, not re-evaluating the facts.
Step 5: Receive the Final Decision
The AAO will issue a decision that can either uphold the original denial, overturn it, or send the case back to the original office for further action based on their findings.
Can the Grounds for Inadmissibility Be Waived to Avoid Denial?
While some of the grounds for inadmissibility can be waived, some do not have a provision for a waiver. Keep in mind that most of those grounds of inadmissibility apply to both family-based and employment-based green card categories.
- Health-Related Grounds
- Communicable Diseases of Public Health Significance: While treatment resolves this issue without a waiver, a waiver is technically available if an applicant refuses treatment.
- Lack of Required Vaccinations: A waiver may be granted if the applicant can show that receiving the vaccination would be contrary to their religious beliefs or moral convictions. A waiver is also possible for medical reasons certified by a Civil Surgeon.
- Physical or Mental Disorders with Associated Harmful Behavior: A waiver can be granted for certain physical or mental health conditions if the harmful behavior associated with the disorder is controlled and unlikely to recur. This often requires extensive evidence.
- Criminal Grounds
- This is one of the most common areas where waivers are sought. A waiver may be available for certain criminal grounds if you can prove extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.
- Crimes Involving Moral Turpitude (CIMTs): This is a broad category of crimes involving deceit, fraud, or base/vile conduct. A single CIMT may be eligible for a waiver.
- Multiple Criminal Convictions: An applicant with two or more convictions (of any kind) for which the aggregate sentences to confinement were five years or more may be eligible for a waiver.
- Prostitution: A person may be eligible for a waiver for inadmissibility related to prostitution if they can prove rehabilitation and that their admission would not harm the national welfare and safety of the U.S.
- Simple Possession of Marijuana: A conviction for a single offense of simple possession of 30 grams or less of marijuana may be eligible for a waiver.
- Immigration Fraud and Misrepresentation
- A waiver is available for individuals who are found inadmissible for having sought an immigration benefit through willful misrepresentation or fraud (e.g., lying on a visa application). To qualify, the applicant must demonstrate that a denial would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse or parent.
- Unlawful Presence in the United States
- Individuals who overstay for more than 180 days and then depart the U.S. are barred from re-entry for either 3 or 10 years. A waiver is available for this ground if the applicant can prove extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.
Note that the U.S. Department of Homeland Security has the statutory decision as to whether to waive or not waive any of the above. The waiver request will be processed on a case-by-case basis and will be determined based on the peculiarities of each applicant.
Types of inadmissibility grounds that may not be waived
- Drug addiction or abuse
- Drug trafficking
- Those found to be spies
- Involvement in terrorism
How VisaNation Can Help
VisaNation lawyers have extensive experience supporting clients with green card denials, including complex cases involving Form I-90 renewals. We provide personalized consultation based on your specific circumstances, and provide a clear path to a favorable outcome.
Schedule a Consultation