Is Your Marriage-Based Green Card at Risk? Understanding Denials and How a Lawyer Can Help

For many individuals, a marriage-based green card represents the exciting opportunity to build a life with their loved one in the United States. However, the path to permanent residency can be complex, and unfortunately, not all applications are approved. At the Law Office of Andrew R. Sones, located in Delray Beach, Florida, we understand the anxieties surrounding this process. We assist companies and individuals from all over the world with U.S. immigration, and our goal is to help you navigate these challenges smoothly.

As an experienced attorney and a member of AILA (American Immigration Lawyers Association), Attorney Andrew R. Sones is committed to providing expert legal guidance. Here, we'll explore some common reasons why marriage-based green card applications are denied and how having a dedicated immigration lawyer by your side can significantly improve your chances of success.

Common Reasons for Marriage-Based Green Card Denials

USCIS (U.S. Citizenship and Immigration Services) scrutinizes every marriage-based green card application to ensure the marriage is genuine and not entered into solely for immigration benefits. Here are some of the most frequent pitfalls that can lead to a denial:

- Lack of Bona Fide Marriage Evidence: This is arguably the most critical factor. USCIS needs to be convinced your marriage is real. Insufficient documentation, such as a lack of joint financial accounts, shared residential leases, utility bills in both names, photographs together over time, or affidavits from friends and family, can raise red flags.

- Inconsistencies in Interviews: During the USCIS interview, both spouses will be questioned about their relationship. Discrepancies in answers regarding daily routines, significant dates, or even seemingly minor details can lead officers to suspect a fraudulent marriage.

- Prior Immigration Violations: If the immigrant spouse has a history of overstaying a visa, unlawful entry, or previous deportation orders, it can severely jeopardize the application. These issues often require complex waivers.

- Criminal History: Certain criminal convictions for either spouse, particularly those involving moral turpitude or aggravated felonies, can make an applicant inadmissible to the U.S.

- Public Charge Concerns: The U.S. government wants to ensure that the immigrant will not become a financial burden. If the sponsoring spouse cannot demonstrate sufficient income or assets to support the immigrant, or if there's no suitable joint sponsor, the application may be denied.

- Incomplete or Incorrect Documentation: Even minor errors, missing signatures, or failing to provide certified translations of foreign documents can lead to delays or outright denial. The sheer volume and complexity of required forms can be daunting.

- Health-Related Issues: Certain communicable diseases, mental or physical disorders that pose a threat, or drug abuse history can also lead to inadmissibility on health grounds.

How an Immigration Lawyer Can Help Things Go More Smoothly

Navigating the intricacies of U.S. immigration law can be overwhelming, especially when your future in the country depends on it. This is where an experienced immigration attorney like Andrew R. Sones becomes invaluable.

- Ensuring a Strong Application: An attorney can meticulously review your entire application package, ensuring all forms are correctly filled out, all necessary documents are included, and all evidence is properly presented. We help you gather the robust "bona fide marriage" evidence needed to convince USCIS.

Preparing for the Interview: We will thoroughly prepare both spouses for the green card interview, helping you anticipate questions and ensuring your answers are consistent and confident. This preparation is crucial in avoiding common pitfalls and demonstrating the authenticity of your relationship.

- Addressing Complex Issues: If there are pre-existing immigration violations, criminal history, or public charge concerns, an attorney can assess your eligibility for waivers and guide you through the complex process of applying for them.

- Staying Up-to-Date with Trends Regulations: Immigration laws and policies are constantly evolving. As an AILA member, Andrew R. Sones has access to the latest legal developments and resources, ensuring your application adheres to current requirements.

- Timely Responses and Communication: We act as a liaison with USCIS, ensuring all communications are handled promptly and effectively, and that you never miss a crucial deadline or RFE.

- Providing Peace of Mind: Knowing you have an experienced legal professional advocating for you can significantly reduce the stress and anxiety associated with the immigration process. We are here to answer your questions and guide you every step of the way.

Don't let the complexities of the marriage-based green card process jeopardize your future in the United States. If you are seeking to secure your permanent residency through marriage, the Law Office of Andrew R. Sones is here to help.

Contact us today for a free consultation:

Schedule Online: http://www.calendly.com/imm-law

Call or WhatsApp: +15616001166

Learn More About Us: https://www.soneslaw.com/about

Let our experience and dedication work for you, ensuring your journey to a U.S. marriage-based green card is as smooth as possible.