Each year, approximately 150,000 immigrants will be issued an employment-based green card.  Another 220,000 will receive a family-based green card.  For these hundreds of thousands of green cards issued, however, tens of thousands will be rejected, and many more may sit in limbo for prolonged periods of time. 

            There are several reasons why your green card application may be denied.  The following is a list of the top six reasons for denial.  This list can help you prepare for the possibility of a denial if any of these factors so apply.

1.     Criminal related—your green card may be denied if you have been convicted of certain types of crimes.  Possible convictions that can lead to rejection include: drug crimes, crimes of moral turpitude, sex crimes, including prostitution, money laundering, crimes of fraud, and certain violations of religious freedom.  On the forms required to obtain a work-based or family-based visa, you will be asked about your criminal convictions.  You are obligated to answer truthfully.  Answering yes, particularly without adequate explanation, can result in denial.  It is important to note, however, that options still exist for you to overcome your criminal past.  An experienced immigration attorney will guide you through the process.

2.     Health related—before you can be admitted as a lawful permanent resident, you must undergo a health exam by a government approved doctor.  If you do not have the proper vaccinations, have a communicable disease, struggle with a mental or physical disorder that makes you a threat to yourself or others, or are a drug addict, you could be denied on the basis of medical grounds.  Those with medical issues are advised to consult with an immigration attorney early on in the process so that they may be surmounted.

3.     Public charge—your green card can be denied by the USCIS if they determine you are likely to become a public charge, or a dependent on the U.S. government for financial support or long-term care.  In making this determination, the USCIS will consider your employment history, financial status, resources, assets, age, family support, health, and skills. 

4.     Immigration violators—if you have entered the U.S. illegally, such as by sneaking in; abused the visa process, such as by violating the terms of your visa; gained entry by misrepresentation; or failed to attend immigration removal proceedings; your application may be rejected.

5.     Failure to meet application requirements—in order to obtain a green card, you will be required to fill out a myriad of forms, pay specific enumerated fees, and provide all documentation requested of you.  Failing to carefully read the instructions can result in denial of your application.  The stringent documentation required to obtain a green card often proves too onerous for the individual working alone.  An immigration attorney will simplify the entire process, ensuring accuracy and completeness of your application

6.     Changing jobs after filing a I-140—when you have an approved I-140 visa petition and elect to change employers, you must meet certain requirements for your green card application to continue processing.  Your I-485 must have been pending for over 180 days and the new job must be similar, if not the same, as the job described in your I-140 petition and labor certification.

With so much at stakes it's important to have an experienced Phoenix immigration lawyer or Arizona immigration attorney on your side to guide you through the process.