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When people think about visas, what comes in their minds is showing up at the U.S embassy and answering a few questions, and getting a pass. Unfortunately, this is not the case with the United States immigration system. Becoming a lawful permanent resident in the U.S is not as easy as many think. Sometimes, green card applicants have to wait for long before they are successful; to others, it’s a matter of weeks. The fact is that those applying for temporary visas may have an easier time compared to someone who wants a visa for permanent residency. If you had applied for a visa or green card and denied, you may be wondering what to do. In most cases, the denial is more than a lack of proper documentation or even a bureaucratic mistake. As such, you cannot afford to go through the process without any legal advice. Again, knowing why a visa or a green card could be denied would help you understand how to go about the process.
Your Temporary Or Permanent Visa
If you want to go to the United States, you have first to determine whether you’re eligible. For one to get a visa or green card there is a process that involves applying to one or more agencies responsible for immigration laws. Some of these agencies include the United States Department of State (DOS) or the United States Citizenship and Immigration Services (USCIS). There are two main reasons why you may need a visa or a green card:
- Temporary visa: It could be you want to study or work for a limited period of time. This is referred to as a non-immigrant visa.
- Permanent visa: This is for those who want to make the U.S their permanent home. It could be you want o stay with your family in the U.S. If you are granted a permanent residency green card, you can live and work there, move in and out with no or minimal restrictions.
If you have applied for any of the above visas or green card and your application has been denied, you can get help from the immigration office in Chula Vista[1] and avoid the daunting immigration process.
Why Your Visa Or Green Card Application Was Denied
There are many reasons why the U.S government may deny your immigration green card application. You may not be eligible under the following reasons:
- Conviction of a criminal case: Arrest for a variety of crimes may lead to your visa rejection. You will be required to answer some questions. A lack of explanations as to why you were convicted may lead to your visa denial. Some of the crimes include drug trafficking or money laundering, among other crimes associated with terrorism.
- Have a medical-related issue: If applying for a visa, you will be required to show a medical exam report from a recognized government doctor. If the result shows that you have a transmittable disease and fail to provide the right documentation for any medicine or vaccine obtained, this will be a good ground for inadmissibility.
- Public charge: If you have no proof of having enough financial resources to support yourself in the U.S, the government will assume you will become a public charge and thus have your visa denied.
The above are the top reasons why your visa or green card may be denied. But there are other reasons too that may lend you inadmissible such as lack of labour certification or prior removals.
What To Do If Your If Your Visa Or Green Card Is Denied
If you filed a temporary or permanent residence application and your immigration visa was denied, you need to seek legal help. Though the consulate will tell you why your application was denied, having the information on what to do will ensure you take the necessary steps to satisfy the USCIS. In some cases, when a petition is sent back to the USCIS, it’s revoked. But with the right information, you don’t have to take ages to get your visa or green card ready. You may shorten this process by looking for an immigration lawyer who will:
- File a petition on your behalf: There may be new documents or any information available to change your case’s outcome. Your lawyer will advise you on whether to have your case reopened or reconsidered.
- Offer guidance depending on the category of your visa or green card application: According to the U.S immigration laws, there are preference categories under the issuance of green cards. Whether it’s an employment-based category or a family-based category, your lawyer can provide the right advice.
The U.S immigration law is involving. Having an understanding of what it entails will need professional help from those who deal with immigration cases occasionally. If you have any questions concerning why your visa or green card has been denied, talk to an experienced immigration lawyer for guidance.
[1] https://estolanolaw.com/immigration-attorney/
Authored by: Courtney Dawson