In a constitutional representative republic such as the United States, individuals have rights, responsibilities, and privileges. Freedom of speech is an example of a civil right. Compliance with tax laws is a responsibility. Getting a driver’s license is a privilege. Foreigners who wish to reside and work in the U.S. hope that one day they’ll be to assume responsibilities, claim rights, and pursue privileges, but they must first receive certain benefits from United States Citizenship and Immigration Services (USCIS).
The ability to become a legal resident is one of the various benefits USCIS offers to foreigners. To access this benefit, an applicant must follow established processes that culminate in the issuance of a green card. Just as this benefit can be granted, it can also be taken away or denied. In the final quarter of the 2019 fiscal year, USCIS issued denial letters to 15,774 immigrants who sought to receive the green card benefit, but the approval rate was five times higher. Green card petitions can be denied for many reasons, and following are some of the most common. If you encounter any of these issues, reach out right away to lawyers with specialized expertise in immigration services. In San Diego, the experienced immigration attorneys from KS Visa Law will be your trusted partners through every step of the process.
Determination of Inadmissibility
Although this reason for denial is more likely to occur with foreigners whose applications are handled at embassies, there are situations in which immigrants who have previously been allowed to enter the U.S. are later declared inadmissible. When this happens, an immigration attorney can challenge the denial based on the factors that resulted in an admissible determination the first time around. Inadmissibility is often used as a catch-all or blanket denial, and it may reflect poor judgment by case adjudicators.
Public Charge Determination
Immigrants aren’t allowed to access public welfare services such as disability payments or supplemental nutrition assistance. When a green card applicant is forced to seek these services because of an emergency, USCIS adjudicators may choose to deny legal residence because they consider the immigrant to be a public charge. Similar situations may occur when immigrants aren’t able to work or cannot obtain health insurance. It should be noted that an affidavit of support signed by relatives or family friends can go a long way toward preventing a public charge determination.
Errors Made by USCIS
Denials issued by mistake happen with greater frequency at the USCIS in comparison to other federal agencies. This is bound to happen when you try to process and adjudicate thousands of petitions each week. Immigration law firms can spot erroneous denials and work toward reversing USCIS decisions, and attorneys tend to be more effective when they’re retained soon after the notices of rejection are received.
Crimes of Moral Turpitude
Section 212 of the Immigration and Naturalization Act (INA) is one of the many reasons comprehensive immigration reform is sorely needed in the U.S. When immigrants submit Form I-485s to request permanent residence, they’re subject to background check investigations. A single arrest or conviction for a misdemeanor or felony could result in a green card denial, and this issue is exacerbated by the “moral turpitude” language of the INA, which fails to explain what kind of civil or criminal offenses can result in a denial of immigration benefits.
If you’d like more information about green cards or you need the services of reliable, trustworthy immigration attorneys in San Diego, reach out to KS Visa Law today. Call 858-874-0711 to schedule an appointment.