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Nesbit Law Office LLC

There are several different types of green card applications. The most common type of green card application is one based on employment and the second most common is based on a family benefit, which would be an immediate relative United States citizen sponsoring a relative or spouse. The reasons for a denial on an employment based application would be that the employer was sponsoring someone for a job that was a skilled job and that employee was actually not qualified for the job. The other reason would be that the employer doesn’t have enough money to pay the immigrant a competitive wage.

On a family based application, one reason that they would be denied is if they found that the marriage was not a valid marriage. In addition, a green card could be denied if someone had an invalid entry into the United States. They could also be denied, if the sponsoring US citizen didn’t have enough income to assure that the relative would not become a public charge and go on some sort of public assistance.

Is There Anything I Can Do If My Green Card Application Has Been Denied?

There is a green card application appeal process. The first step would be that you would make an immediate appeal to the USCIS saying that their decision to deny your green card was incorrect. Then, USCIS will look at your application again. They’ll review it and if they determine that it is actually a valid denial, you’re permitted to make a second appeal to the Board of Immigration Appeals. That would be then assigned to a three-judge panel, who could review it as well. If the Board of Immigration Appeals were to deny it, there is another venue that you can appeal to.

Am I Allowed To Work In The United States While Waiting For My Green Card?

You are not allowed to work in the United States until you are given valid work authorization from the United States government. When you make your application for your green card, you make an application for work authorization. That work authorization takes between 90 and 120 days to process, and you’re not permitted to work. You’re not permitted to get a Social Security number or a driver’s license until you get that work authorization card. In addition, that card is typically good for one year and then, when you’re granted your green card, you are permitted to work, have a Social Security number, and drive.

What Is The Difference Between A Fiancé Visa And A Marriage Visa?

A fiancé visa is a U.S. citizen sponsoring their fiancé. The fiancé comes to the United States, after the fiancé visa is approved, and when they enter the United States, they’re required to marry and file their application within a 90 day period. If you’re married and you’re processing a marriage visa, then the process all occurs outside of the United States. The spouse would have an interview in the consulate in their home country and then they would enter with a green card that’s already been approved.

How Long After My Marriage Should I Apply For The Marriage Green Card?

You can and should apply for your green card immediately after your marriage. The day of your marriage, you can file your application for your green card. The sooner you file, the better.

What Documents Will I Need For A Green Card Application?

For the green card application process, you’ll need your birth certificate, your passport, your spouse’s birth certificate, and their passport as well. You’ll need your marriage certificate to show you had a valid marriage that was filed with civil authorities, either in the United States or in the home country. In addition to that, you will need your spouse’s financial documentation, which would be tax returns for the last three years, and current income status.

For more information on Denial Of A Green Card Application In The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (614) 964-5188 today.

Nesbit Law Office LLC

Call Now For A Personalized Consultation
(614) 964-5188

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