Applying for a U.S. Green Card is a major step toward permanent residency and, for many, the American dream. However, the application process is complex, highly scrutinized, and often unforgiving of even minor mistakes. Each year, thousands of Green Card applications are delayed, denied, or outright rejected, many for preventable reasons.
In this post, we’ll explore the most common reasons Green Card applications are rejected and offer practical steps to avoid these pitfalls.
1. Incomplete or Incorrect Forms
U.S. Citizenship and Immigration Services (USCIS) requires meticulous attention to detail. Omitting a section, submitting outdated forms, or making errors in data (e.g., mismatched names or dates) can result in a Request for Evidence (RFE) or outright denial.
How to Prevent It:
- Always use the latest version of forms from the USCIS website.
- Double-check spelling, numbers, and personal details.
- Review each form line by line or work with an immigration attorney or accredited representative.
2. Missing or Insufficient Supporting Documents
Applicants often forget to include necessary documents like birth certificates, marriage certificates, financial affidavits, or prior immigration records. Missing even one required document can lead to rejection.
How to Prevent It:
- Follow the USCIS checklist specific to your form (e.g., I-485, I-130, I-864).
- Provide certified English translations for all foreign documents.
- Submit clear copies, not blurry scans or photographs.
3. Ineligibility Based on Immigration History
Past immigration violations such as overstaying a visa, unauthorized employment, or previous deportation orders may disqualify you from obtaining a Green Card — or at least complicate the process.
How to Prevent It:
- Consult with an immigration attorney if you’ve had prior immigration issues.
- Be honest and transparent in your application; misrepresentation can lead to permanent bans.
4. Health-Related Grounds
Applicants must undergo a medical exam with a USCIS-approved civil surgeon. Communicable diseases, failure to show proof of vaccinations, or incomplete medical records can trigger delays or rejections.
How to Prevent It:
- Schedule your exam with an authorized civil surgeon.
- Bring all vaccination records and be prepared for additional vaccinations if needed.
- Submit the correct version of Form I-693, sealed in an envelope by the physician.
5. Financial Ineligibility (Public Charge Rule)
If the petitioner (usually a U.S. citizen or permanent resident) can’t prove they can financially support the applicant, the Green Card may be denied under the public charge rule.
How to Prevent It:
- File Form I-864 (Affidavit of Support) correctly with proof of income (tax returns, pay stubs, etc.).
- If the sponsor’s income is insufficient, consider using a joint sponsor.
6. Criminal Record or Security Concerns
Certain criminal offenses, particularly drug-related crimes, fraud, or crimes involving moral turpitude, can make an applicant inadmissible.
How to Prevent It:
- Obtain a certified police clearance or background check.
- Disclose all arrests, even if charges were dropped.
- Consult an attorney if you have any criminal history; waivers may be available in some cases.
7. Failure to Attend Biometrics or Interviews
Missing scheduled USCIS appointments for biometrics or interviews without requesting rescheduling can result in automatic denial.
How to Prevent It:
- Track your USCIS notices closely and respond promptly.
- If you must miss an appointment, request a reschedule in writing as soon as possible.
- Keep your address updated with USCIS using Form AR-11.
8. Application Filed Under the Wrong Category
Green Card eligibility categories include family-based, employment-based, asylum, refugee status, and others. Filing under the wrong category (or misunderstanding eligibility requirements) is a common issue.
How to Prevent It:
- Review your eligibility criteria thoroughly before applying.
- Consult with a legal expert if unsure which path applies to you.
- Avoid “DIY” approaches for complex situations like employment-based or humanitarian cases.
9. Fraud or Misrepresentation
Submitting false documents, lying about relationships, or omitting important facts can lead to denial, and potentially a lifetime ban from the U.S.
How to Prevent It:
- Be honest, even about uncomfortable or complicated facts.
- Don’t attempt to “game the system”, USCIS conducts in-depth background checks.
- Work with licensed legal professionals only.
10. Failure to Maintain Status (for Adjustment of Status Applicants)
Applicants filing for a Green Card from within the U.S. must generally be in lawful status. Overstaying a visa or violating terms can lead to denial.
How to Prevent It:
- Maintain your legal immigration status at all times.
- File for adjustment of status (Form I-485) before your current visa expires.
- If you’ve fallen out of status, consult an immigration attorney immediately.
Tips for a Successful Green Card Application
- Stay organized: Keep all documents, notices, and receipts in one place.
- Follow instructions exactly: Even small errors can trigger delays.
- Respond to RFEs quickly and thoroughly.
- Keep copies of everything you submit.
- When in doubt, hire a qualified immigration attorney.
Conclusion
Green Card rejections are often preventable. By understanding the most common reasons for denial, and proactively addressing them, you can significantly improve your chances of success. Remember, immigration is a legal process, not just a form-filling exercise. Take your time, do your homework, and seek help when needed.