Reasons for Denial: Family based GC

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ari4u

Registered Users (C)
After reading the other thread today, i decided to start one of my own to collect information from people here about various reasons for GC to be denied. Im only collecting information for family based GC applicants especially immediate relatives of a USC. So please share your thoughts and keep this thread active so as to spread general awareness as to what the reasons of denial could be.

Some of the reasons i could think of are...

1. Entered US Illegally (without being inspected)
2. Entered US in a transit visa.
3. Criminal Background
4. Medical conditions???
5. Sponsor cannot show required financial responsibility
6. Suspected immigration fraud (Failure to prove marriage was bona-fide)
7. Leaving US without AP while AOS pending. (H/L visas excluded)
8. Stayed illegally over 180 days and used AP to travel
9. Failed to respond to RFE
10. Failed to appear for AOS interview or FP appointment
11. False information on application forms.
12. Divorced



I could only think of these for the moment. Pls correct me if i made a mistake above or if you think any of these may not apply to the immediate relative of a USC. I will update this post based on your responses.

Thanks in advance. Lets keep this thread alive.
 
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slugbug said:
Maybe i am paranoid. But could GC be denied in my case?

Here is my background. I had posted here asking for help. http://www.immigrationportal.com/showthread.php?p=1210375

What do i tell the officer when he asks how we met and how we know each other? Anyone? Please help.
Click to expand...

You tell the officer the TRUTH!

Yes, the application could be denied (anyone that tells you that there is no chance an application will be denied is either inexperienced or a liar). That's still not a reason to say anything but the truth. If it is denied and you told the truth, you can refile or appeal. If you lie, and the lie is detected, you will almost certainly be deported.
 
Jim Mills said:
You tell the officer the TRUTH!

Yes, the application could be denied (anyone that tells you that there is no chance an application will be denied is either inexperienced or a liar). That's still not a reason to say anything but the truth. If it is denied and you told the truth, you can refile or appeal. If you lie, and the lie is detected, you will almost certainly be deported.
Click to expand...

I have to strongly disagree with you on this. I happen to know some couples from Iran, Jordan and pakistan with a similar case (This is very common in a lot of countries). They went through the same thing and yes... they told the truth in the interview when asked. There was absolutely no problem at all. The officers asked for the marriage certificate and wedding pictures.

Most of states in the US allow marriages to first cousins and that is a law. If they cannot stop two US citizens who are first cousins from getting married to each other, they definitely cannot deny someone's green card application for the same reason.

In SlugBug's case, everything is in place. Been here for couple of years, clean record, paid taxes, been in legal status all the time and everything is intact. I dont see a reason for his GC to be denied only on the basis that he married his first cousin. Have you seen cases like this being denied? Pls let him know so he can prepare for the worst. I have seen such cases being approved without a problem, so i would ask him not to worry. You go SlugBug...
 
Other base of denial can be:
Failure to report change of address. Even is not really put in force, nobody knows who can get the punishment for not notify on time the change of address.

There is something that every applicant should be clear of: the people who check your documents and forms at the beginning or during the process are not the interviewer's group. The interviewer is the one who has the final word in your case most of the time even many other people check your documents and think that is okay, for the interviewer probably is not. The EAD and AP are approved as part of the process not by the same people who at the end will grant or denied your application. Not necessarily all the people who work in USCIS interprets the law in the same way.

A well known cases are the AP. There are cases that people get granted AP even they overstay more than 180 days even more than a year, they travel and come back without any trouble. There are other percentage that couldn't get through immigration at the port of entry. Why? Each officer interprets the law in different way or manners.

That is my contribution for this week :)

Good luck,
 
cherr1980 said:
Other base of denial can be:
Failure to report change of address. Even is not really put in force, nobody knows who can get the punishment for not notify on time the change of address.

There is something that every applicant should be clear of: the people who check your documents and forms at the beginning or during the process are not the interviewer's group. The interviewer is the one who has the final word in your case most of the time even many other people check your documents and think that is okay, for the interviewer probably is not. The EAD and AP are approved as part of the process not by the same people who at the end will grant or denied your application. Not necessarily all the people who work in USCIS interprets the law in the same way.

A well known cases are the AP. There are cases that people get granted AP even they overstay more than 180 days even more than a year, they travel and come back without any trouble. There are other percentage that couldn't get through immigration at the port of entry. Why? Each officer interprets the law in different way or manners.

That is my contribution for this week :)

Good luck,
Click to expand...

Well let me correct you, if I can. There is no rule denying the AP for the people who has overstayed. Also, its not necessary that if you over stay more than 180/365 days , apply for AOS , get AP, Travel abroad on AP and can't come back. But if some one has overstayed and leave the country , the person will be barred for adjusting in US. That means that evenif you get interview & if it came to notice of the DOA, he/she will deny the petition, and ask one to file for waiver, if applicant is relative of the USC.
 
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