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Common reasons why you may be denied a green card renewal

'14.09.2021'

Nurgul Sultanova-Chetin

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The validity period of a green card is from two to ten years, and after it expires, you must either apply for a green card extension or leave the country. But there are cases that can lower your chances of getting a green card renewal, even if you meet all the basic criteria. Think of it as blacklisting, reports Stilt.

Photo: Shutterstock

Can a green card renewal be denied

The process for obtaining a green card is complex, but the renewal process can be just as difficult. When applying for a green card renewal, USCIS and other interested agencies will check the eligibility of your renewal visa category. They will then examine your personal files to determine whether to issue you a renewed green card.

So, the answer to the question is: yes, the request for a green card extension may be rejected.

The main reasons for refusing to renew the green card

The most common reason for rejection is that the applicant is no longer a permanent resident of the United States. He could have violated certain rules, which led to the cancellation of the status, or simply because his type of visa does not allow him to renew the green card. Here are some of the main reasons for refusing to renew a green card:

You've committed a crime (I-90 Denial)

After you have applied for a green card renewal, USCIS will conduct a background check. As part of the process, you will be asked to provide your Form I-90 and biometrics to the ASC. Biometric information will include your fingerprints and recent photos. This information is then passed on to the Federal Bureau of Investigation (FBI) for verification against its database. If they find something, they will tag it so that USCIS can review it along with your application.

Generally speaking, any crime is bad for your immigration status. But certain categories of crime, such as violent crime, smuggling, domestic violence, gunfire, or attempted murder, may put you at greater risk.

You provided incorrect information or deliberately lied on your renewal application (I-90 Denial)

USCIS receives approximately 500 green card renewal applications annually. This places a heavy burden on the agency. Therefore, the agency and law firms you may work with constantly push you to provide the most accurate and up-to-date information. In addition, if you made a mistake that USCIS believes was intentional, it will not grant you a green card renewal. Whether or not this was intentional is at the sole discretion of USCIS and its investigation.

On the subject: How to help parents get a green card: the necessary documents, deadlines and other details

It is better to sign all the necessary places, make sure that there are no spelling errors, attach all the necessary evidence and documents, and show up for your biometric interview on time. If you have used a language interpreter, please note this on your application, as translation errors are not uncommon.

You were ordered to leave the country (I-90 Denial)

If the judge ruled in favor of your deportation or expulsion from the United States, this is called "expulsion by order" and then your green card will not be renewed.

You used the wrong shape

Form I-90 is used for two different purposes: either to renew or replace your green card. Which one to apply for depends on how you got the green card.

If you are a conditional resident who received a green card as a result of your marriage to a US resident, you should not file Form I-90 to renew it. Conditional residents should only use the I-90 if their card is lost, stolen, or damaged. To lift the condition, they must file I-751 or I-829 (for investors). Many people submit the wrong form, which leads to rejection.

You applied too early

USCIS only requires you to apply for a green card renewal within six months BEFORE it expires. This is because something might change that would render your application obsolete and could lead to a reconsideration. While it is unlikely that the agency will deny you a green card renewal, if you apply too early, chances are it will simply return your application.

This will cost you valuable time and money as the commission is non-refundable. Thus, you must apply for an extension no more than six months before the expiration of your green card.

You have traveled too much

Travel is not directly related to the renewal of your green card, but it can have indirect consequences. Green card holders who have been outside the United States for six months or more may run the risk of being considered renounced as a permanent resident of the United States. USCIS will assume that you have decided to give up your green card, even if you are not.

This can jeopardize your green card status and your renewal requests. It is even worse if the green card has expired by the time you return to the United States.

On the subject: Note to the immigrant: all types of green cards and the grounds for receiving them

The best way to deal with this is to inform USCIS about your absence and the reasons for staying abroad. Respond to every message in a timely manner, whether by email or phone.

You have unpaid taxes

Every US citizen and immigrant working in the country is required to file an annual tax return. If you, as a green card holder, missed the date several times, this can be a problem when renewing. You will have to attend an additional round of interviews, face prosecution.

You are in government custody (you are “a burden to society”)

The federal government has always been against immigrants, who in the future may become a “social standard”. Thus, immigration rules and green cards have become more and more stringent over the years. If you receive a large amount of government benefits, you may be considered a “social burden”. In turn, this will lead to a refusal to renew the green card.

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