Immigration Cases:
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What Factors May Prevent Me From Getting a Green Card?

Not everyone who requests a green card will receive one. There are several factors that could lead up to this or a mistake that needs to be corrected before applying for a green card again.

If you need assistance obtaining a green card or help with a family member getting a green card, contact Magilligan Law right away. Our immigration attorneys know the process and can get you on the right track with a free consultation.

Who is Eligible for a Green Card?

One reason someone may not receive a green card is that they are not eligible to receive one. There are several factors to consider for eligibility, including:

  • having a close family member who is a U.S. permanent resident or citizen;
  • having a job or job offer in the U.S. and your company will sponsor you;
  • you are an entrepreneur with enough capital to create a company in the U.S. (through the International Entrepreneur parole program); or,
  • if you are a refugee or seeking asylum.

These are not the only factors that will allow someone to apply for a green card, but these are some of the most common. Additionally, just because someone meets one of these criteria does not automatically mean they can obtain a green card. Having a family member in the U.S. does not give a person an automatic right to a green card; rather, it gives them one avenue to begin the process of obtaining one.

Reasons Someone Could Be Denied a Green Card

Just as there are several categories a person could fall into if they’re trying to obtain a green card, there are several reasons why a person could be denied a green card. Those include:

  • Posing a danger. A person could be denied if they have a criminal history in their home country, especially serious crimes such as drug charges, aggravated felonies, or acts of terrorism. Additionally, if a person has a health concern that could be transmitted to others, that could be grounds for being denied a green card.
  • Lying on your application. A person found lying on their application will not be given a green card. This doesn’t only cover important information — if the government sees that you’re withholding information about something that you feel is insignificant, they have the right not to process your application.
  • Mistakes on your application. Mistakes happen, but with important documents such as immigration applications, making a mistake could be costly. If immigration authorities see a mistake, they may send it back to the applicant for an RFE (request for evidence) or ask the applicant to make changes. However, this could lead to delays and even a possible denial if items are not received on time.

Don’t go through the immigration process alone. Having a reliable and experienced immigration team on your side can relieve the stress of making sure paperwork is filled out correctly. Contact Magilligan Law today to see how we can help you.