Common Reasons Why a Green Card Waiver May Be Denied

 Posted on December 15, 2023 in Immigration

A green card grants permanent residency in the United States, but the process of obtaining one can be complex. Even if a person thinks they are eligible, there is always the risk that their application may be denied – often because they committed an act that violates U.S. immigration law. However, even if an application is denied, there are certain circumstances where the applicant can apply for a green card waiver. Given the complexity of this process, it is important to have a qualified Illinois immigration lawyer advocating for you. Otherwise, your green card waiver could also be denied. The following are some of the common reasons why a green card waiver may be denied.

Ineligibility for the Waiver

One of the most common reasons for green card waiver denial is that the immigrant does not meet the eligibility criteria for the waiver. There are different types of waivers available, such as the I-601 waiver for grounds of inadmissibility, the I-751 waiver for the joint filing requirement in cases of divorce or abuse, and others. Each waiver has specific eligibility requirements and conditions. If an immigrant does not meet these requirements, does not provide sufficient evidence, or does not demonstrate a genuine need for the waiver, then the application will likely be denied.

Failure to Provide Sufficient Documentation

Another common reason for denial is the lack of proper documentation or evidence to support the waiver application. U.S. Citizenship and Immigration Services (USCIS) requires applicants to provide comprehensive documentation to prove their eligibility and need for the waiver, such as affidavits, financial records, medical records, police reports, or other relevant documents. Incomplete or poorly documented applications are more likely to be denied.

Failure to Demonstrate Extreme Hardship

In cases where a waiver is sought based on the grounds of inadmissibility, such as fraud or unlawful presence, applicants must demonstrate "extreme hardship" to a qualifying relative (typically a U.S. citizen or lawful permanent resident spouse or parent). Proving extreme hardship can be challenging, as it requires a detailed and convincing argument that the qualifying relative would face significant hardship if the applicant were denied a green card.

Application Process Errors

Completing and submitting the waiver application accurately is crucial. Even minor errors or omissions on the application forms can lead to denial. Common errors include missing signatures, incorrect fee payments, and inconsistencies in the information provided. It is essential to carefully review the application forms and follow the USCIS instructions to avoid these pitfalls.

Contact an Illinois Immigration Lawyer for a Free Consultation

Other factors that can contribute to green card waiver denials include criminal history, misrepresentation during the application process, or fraud. Seeking legal assistance from a skilled Illinois green card waiver attorney can be critical in navigating the complexities of the waiver application process and increasing the chances of a successful outcome. Call Mevorah & Giglio Law Offices at 630-932-9100 to schedule a free consultation and find out what legal options you may have.