What Are Some Common Reasons That a Green Card Application Would Be Denied?
One of the most common reasons for a green card application to be denied in the marriage setting is that the foreign national and the U.S. citizen or lawful permanent resident who petitioned them have failed to meet their burden to immigration, that they have a bona fide marriage and didn’t enter into the marriage for the primary reason of obtaining immigration benefits.
Another common reason for denial is that they foreign national entered the country without inspection or that they were no longer in lawful status at time of filing.
Another common reason for denial is that the documents were filled out incorrectly or insufficient evidence was provided. Other reasons include inadmissibility issues, such as material misrepresentations, fraud, or instances of the person claiming to be a U.S. citizen in the past.
There are unlimited reasons why a green card application could be denied. On the government side, maybe an immigration officer failed to adequately review the file or missed certain documentation or determined someone was inadmissible when they weren’t. An experienced immigration attorney should make sure you are not inadmissible and otherwise qualify for the benefit you are seeking. By hiring an experienced immigration attorney from the beginning, you should generally avoid a possible denial.
Can I Work in the United States While Waiting for My Green Card Approval?
You can work in the United States while waiting for your green card approval only if you get employment authorization during the process. When you file for your green card, if you’re in the United States, then you typically can also apply for employment authorization. If you receive an approval of that employment authorization while your green card application is still pending, you are able to work during the pendency of the case to get your green card. Otherwise, if you do not have work authorization through another type of visa, then you are legally unable to work in the United States while you’re waiting for your green card application to process.
What Is a Family-Based Visa?
A family-based visa is a visa that is premised on a family relationship with a U.S. citizen or a lawful permanent resident. It has to be a close family relationship, so a spouse of a U.S. citizen or a lawful permanent resident, a parent of a U.S. citizen, a child of a lawful permanent resident or U.S. citizen, or a brother or sister of a U.S. citizen—all of those family relationships entitle the U.S. citizen or lawful permanent resident to apply for their family member to become a US permanent resident. Once they have petitioned and the family member receives the immigration benefit, that would be called a family-based visa because it is based on the family relationship with a U.S. citizen or lawful permanent resident.
Who Can Sponsor a Family-Based Visa?
In these cases, there’s usually a primary or petitioning sponsor, which is going to be the actual family member who files the petition. That would be either the U.S. citizen or lawful permanent resident spouse, parent, child, or even brother or sister in some circumstances. They would be the petitioning sponsor or the primary sponsor for that family-based visa.
In addition, sometimes a joint sponsor is needed to meet the requirements of the visa. It does not have to be a family member. It can be, but it can also be a friend or other person based in the US who either has U.S. citizenship or a lawful permanent residency, and who still lives in the US. They can become a joint sponsor in conjunction with the petitioning (primary) sponsor, so they would both sponsor the foreign national for the immigration benefit.
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