6 Common Reasons for Visa or Green Card Denials

 Posted on February 12, 2024 in green cards

Obtaining a visa or Green Card that will allow a person to enter, live, and work in the United States can be a complex and lengthy process. Unfortunately, not everyone who applies is granted their desired immigration status. There are several common reasons why visas and green cards are denied. For those who are planning to apply for visas or Green Cards or those who have encountered obstacles in their immigration journey, an experienced attorney can provide dedicated legal help and representation when interacting with immigration officials.

Some of the most common reasons why visas or Green Cards may be denied include:

Lack of Eligibility

One of the primary reasons for a denial is that the applicant does not meet the eligibility requirements set forth by U.S. immigration laws. Each type of visa has specific criteria that must be met, such as family relationships, employment qualifications, or humanitarian grounds. If an applicant fails to demonstrate that they meet these requirements, their application may be denied.

Criminal History

If an applicant has a criminal record, especially for offenses deemed serious under U.S. law, this can significantly impact their chances of obtaining a visa or Green Card. Criminal convictions related to drugs, violence, fraud, or terrorism pose significant concerns for immigration authorities, as they raise questions about public safety and national security. However, waivers may be available in certain situations, including when an immigrant can show that they were convicted of minor offenses, have been rehabilitated, and do not pose a threat to public safety.

Inadequate Documentation

The importance of providing accurate and complete documentation cannot be overstated when applying for a visa or Green Card. Failure to submit all required documents can result in delays and even denials. Common mistakes include missing signature pages on forms, submitting outdated documents, failing to provide proof of financial support, inadequate evidence of family relationships, and lack of medical examinations.

Inadmissibility Grounds

The Immigration and Nationality Act outlines various grounds on which an individual may be deemed "inadmissible" and therefore ineligible for entry into the United States. Some common grounds for inadmissibility include:

• Prior immigration violations, such as overstaying a previous visa

• Health-related issues that could pose a public health risk

• Engaging in fraudulent activities or misrepresentation during the application process

• Security concerns, including affiliations with known terrorist organizations

• Past involvement in human trafficking or smuggling activities

• Likelihood to become a public charge (i.e., rely on government assistance)

Visa Quota Limitations and Backlogs

For certain types of visas, there are annual quotas or numerical limits imposed by the U.S. government. When these quotas are reached, further applications may not be processed until the next fiscal year begins. In many cases, applicants will face significant wait times due to backlogs caused by high demand for certain visa categories.

Fraudulent Activities or Misrepresentation

The U.S. immigration system takes any attempt to defraud authorities very seriously. Engaging in fraudulent activities such as submitting false documents, providing misleading information, using fake identities, or entering into sham marriages can result in immediate denial of an application and potential legal consequences.

Contact Our Dallas Visa and Green Card Lawyer

Applying for a visa or green card can be a complex, lengthy process, with many potential pitfalls that could lead to a denial. For anyone who is applying for permission to come to the United States or sponsoring a person for immigration, consulting with an experienced immigration attorney is highly recommended. At Law Office of Jae Lee, we can explain the requirements you will need to meet, assist in preparing and filing forms and documents, and work with you to address issues related to inadmissibility or other factors that could affect your case.

If you are facing challenges as you work to obtain a visa or Green Card, contact our skilled Plano, TX immigration attorney at 214-295-3014 to set up a free consultation to discuss your case. We are ready to help you complete your immigration journey successfully.