Green Card Denial: Common Reasons and What to Do Next
Receiving a denial after dedicating months—or even years—to the green card process can feel overwhelming. The emotional and financial investment makes it a difficult setback, but a denial is not necessarily the end of the journey. Understanding the reasons behind green card denials and learning your next steps can make all the difference.
At Green Card Link, its immigration attorneys are dedicated to guiding clients through the complexities of U.S. immigration law and helping them identify the best possible options after a denial.
Green Card Rejection vs. Denial: Key Differences
Before reviewing the reasons for denial, it’s important to distinguish between a green card rejection and a green card denial.
- Rejection – This occurs when USCIS will not even accept your application for processing, often due to technical mistakes such as a missing signature, incorrect filing fee, or incomplete forms. In these situations, USCIS will return the entire application package and filing fee with a rejection notice, often a Form I-797C. While you may resubmit, the lost time and effort cannot be recovered.
- Denial – A denial means USCIS has accepted your application, reviewed the evidence, and determined that you are not eligible for permanent residence. This decision comes after your filing fee has been processed and your case evaluated.
Common Reasons for Green Card Rejections
Missing or Incomplete Information
Failure to provide all requested details—such as signatures, proper photo sizes, or supporting documentation—is one of the top causes of rejection.
Problems With Document Translations
Any document in a language other than English must be translated by a qualified translator. Translations must include certification with the translator’s name, address, and completion date. Missing this requirement almost always results in rejection.
Incorrect Filing Fees
Because USCIS fee structures and payment addresses frequently change, many applicants inadvertently pay the wrong amount. Ensuring the correct fees are paid in full for each application form is essential.
Common Reasons for Family-Based Green Card Denials
Ineligible Family Relationship
USCIS strictly limits family-based eligibility. Cousins, grandparents, aunts, uncles, and friends are not eligible sponsors. Only immediate relatives and family preference categories qualify:
- Immediate Relatives (IR):
- Spouses of U.S. citizens (IR1)
- Unmarried children under 21 of U.S. citizens (IR2)
- Orphans adopted abroad (IR3)
- Orphans to be adopted in the U.S. (IR4)
- Parents of U.S. citizens age 21 or older (IR5)
- Spouses of U.S. citizens (IR1)
- Family Preference:
- F1 – Unmarried sons/daughters (21+) of U.S. citizens
- F2A – Spouses and unmarried children under 21 of permanent residents
- F2B – Unmarried sons/daughters (21+) of permanent residents
- F3 – Married sons/daughters of U.S. citizens
- F4 – Brothers and sisters of U.S. citizens age 21+
- F1 – Unmarried sons/daughters (21+) of U.S. citizens
If your relationship does not fall into these categories, USCIS will deny your petition.
Failure to Prove a Bona Fide Relationship
Even eligible family members must prove their relationship is genuine. Evidence can include:
- Marriage certificates and joint financial records for spouses
- Birth certificates for parent-child relationships
- Photos and other documentation proving shared life events
Weak or inconsistent evidence, or failure to provide divorce records or legally valid marriage documentation, can result in denial.
Marriage on a Non–Dual Intent Visa
If you marry shortly after entering the U.S. on a visa that does not allow “dual intent” (such as a tourist visa), USCIS may conclude that you misrepresented your original intent, leading to denial.
Financial Insufficiency
The sponsoring relative must demonstrate sufficient financial means, typically at least 125% of the federal poverty guidelines, through an Affidavit of Support. If the sponsor falls short, a joint sponsor may help.
Immigration Violations
Previous violations—such as overstaying a visa, entering illegally, or unauthorized employment—often lead to denial.
Medical Ineligibility
Applicants must complete a medical exam by an approved physician. Communicable diseases, lack of required vaccinations, or certain mental or physical health conditions may cause inadmissibility. Some conditions allow waivers or require treatment before approval.
Criminal History
Drug offenses, aggravated felonies, or terrorism-related activity can make an applicant inadmissible.
Application Inconsistencies
Any discrepancies—such as mismatched dates, conflicting marriage histories, or contradictory interview answers—can raise credibility concerns and result in denial.
Common Reasons for Employment-Based Green Card Denials
PERM Labor Certification Issues
For EB-2 and EB-3 applicants, errors in the PERM process can derail the entire case. Common issues include:
- Noncompliance with Department of Labor recruitment rules
- Failure to respond to audits within deadlines
- Inconsistencies between job ads and the PERM application
Employer’s Inability to Pay (I-140 Denial)
USCIS reviews an employer’s financial documents to confirm their ability to pay the proffered wage. If income or assets are insufficient, the petition may be denied.
Unlawful Status or Abandonment (I-485 Denial)
Working without authorization, overstaying a visa, or leaving the U.S. without Advance Parole while an I-485 is pending can lead to denial.
Reasons for Green Card Renewal Denials (Form I-90)
- New Criminal Offenses: Even misdemeanors may count as Crimes Involving Moral Turpitude, leading to denial.
- Extended Absences Abroad: Long stays outside the U.S. may be interpreted as abandoning permanent residency.
- Fraud or Misrepresentation: Omitting key details or providing false information can result in denial and potential immigration consequences.
Next Steps After a Green Card Denial
If your green card application has been denied, you still have legal options. Depending on your case, you may be able to file a motion to reopen or reconsider, submit an appeal, or reapply with stronger evidence.
At Green Card Link, its immigration attorneys carefully evaluate denial notices, identify errors or weaknesses, and create tailored strategies to protect your immigration goals.
✅ Schedule a Consultation Today
If you’ve experienced a green card denial or rejection, don’t navigate the next steps alone. Schedule a consultation with an immigration attorney at Green Card Link to receive personalized guidance and a clear plan for moving forward with your immigration journey.
My Green Card Application Was Denied: What Are My Options?
Receiving a green card denial can feel overwhelming, but it does not necessarily mean the end of your immigration journey. Depending on the reason for denial, there are several legal pathways to challenge the decision and keep your case alive. At Green Card Link, its immigration attorneys guide clients through every possible option, ensuring that each step is handled with precision and care.
Option One: Filing a Motion to Reopen
A Motion to Reopen is the right choice if you have new facts or evidence that were not previously available when USCIS made its decision. This evidence must be material and capable of changing the outcome of your case.
Step 1: Identify New and Relevant Facts
You must show that you can overcome the reason for denial. For example, if USCIS denied your case due to lack of proof of a bona fide marriage, submitting additional evidence—such as a joint lease, joint bank statements, or the birth certificate of a child—could be crucial.
Step 2: Gather Supporting Documentation
Collect all relevant evidence. Be sure it is properly organized, clearly translated if in another language, and directly addresses the denial reasons cited by USCIS.
Step 3: File Form I-290B
To formally request a Motion to Reopen, you must complete and submit Form I-290B, Notice of Appeal or Motion. The motion must outline your new facts, include supporting documents, and explain why this evidence demonstrates your eligibility for a green card. Because of the complexity and high stakes, it is best to work with an experienced immigration attorney at Green Card Link.
Step 4: Await USCIS Review
If USCIS agrees that your new evidence could alter the outcome, they will reopen your case and re-evaluate your green card application.
Option Two: Filing a Motion to Reconsider
A Motion to Reconsider does not rely on new facts but instead argues that USCIS made a legal or policy error in its decision.
Step 1: Identify the Legal or Policy Mistake
Carefully review your denial notice with an immigration attorney at Green Card Link to determine which statute, regulation, or USCIS policy was applied incorrectly. For example, if the denial involved a misinterpretation of the Immigration and Nationality Act, this could serve as the foundation for your motion.
Step 2: Build a Strong Legal Argument
You must show that the decision was incorrect based on the evidence originally submitted. This requires citing relevant laws, legal precedents, and USCIS policy guidance.
Step 3: File Form I-290B
Your attorney will prepare Form I-290B along with a detailed legal brief that outlines the specific errors and presents a persuasive argument for reversal.
Step 4: USCIS Review
The same office that issued the denial will review your motion. If convinced that an error occurred, they may reconsider and approve your case.
Option Three: Filing an Appeal
If you believe USCIS’s denial was legally wrong, you may appeal to the Administrative Appeals Office (AAO), which provides an independent review.
Step 1: Evaluate the Strength of Your Appeal
Appeals can take significant time and may be difficult to win. Immigration attorneys at Green Card Link will help you determine if an appeal is strategically the best option.
Step 2: File Form I-290B Within 30 Days
To initiate an appeal, you must file Form I-290B within 30 days of receiving the denial notice. This begins the appeal process.
Step 3: Submit a Legal Brief
You will typically be given 30 additional days to submit a detailed brief that argues why USCIS made an error. An attorney’s expertise is critical here, as the brief must cite legal authority and case precedents.
Step 4: The AAO Review
The AAO conducts a “de novo” review, meaning they examine the case from the beginning. However, their review focuses only on whether USCIS applied the law or policy incorrectly, not on reassessing your personal facts.
Step 5: Receive the Final Decision
The AAO may uphold the denial, overturn it, or send the case back to USCIS for further action.
Can Certain Grounds for Inadmissibility Be Waived?
Some grounds of inadmissibility can be waived, while others cannot. These rules apply across both family-based and employment-based green card applications.
Health-Related Grounds
- Communicable Diseases: Can sometimes be resolved through treatment or, in limited cases, a waiver.
- Vaccination Requirements: Waivers may be available for medical reasons or for applicants with sincere religious or moral objections.
- Physical or Mental Disorders with Harmful Behavior: Certain cases may qualify for a waiver if controlled and unlikely to recur, with substantial medical evidence.
Criminal Grounds
- Crimes Involving Moral Turpitude (CIMTs): Some cases may be waived if you can prove hardship to a qualifying U.S. relative.
- Multiple Convictions: A waiver may be possible if convictions total five years or more of sentencing.
- Prostitution-Related Grounds: Waivers may be granted with evidence of rehabilitation and no risk to U.S. welfare.
- Simple Possession of Marijuana (30 grams or less): Eligible for waiver in some cases.
Immigration Fraud or Misrepresentation
If you were denied for willful misrepresentation or fraud, you may qualify for a waiver by proving that denial would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.
Unlawful Presence
Applicants who overstayed for more than 180 days may face 3- or 10-year re-entry bars. A waiver is possible by showing extreme hardship to a qualifying U.S. relative.
Grounds That Generally Cannot Be Waived
- Drug trafficking
- Drug abuse or addiction
- Espionage or national security violations
- Terrorism involvement
Waivers are decided case-by-case by the U.S. Department of Homeland Security, and approval is never guaranteed.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have extensive experience helping clients who face green card denials, including those with complex cases involving motions, appeals, and waiver requests. Every client receives a personalized strategy based on their unique circumstances, giving them the strongest possible chance at success.
If you’ve received a green card denial or want to avoid one, do not navigate the process alone. Contact Green Card Link today to schedule a consultation and take the next step toward protecting your future in the United States.