Why Would a Green Card Application Be Denied?

A green card application may be denied for numerous reasons, including but not limited to mistakes on the forms, providing false information, not providing sufficient documents demonstrating that you meet all requirements, not having sufficient financial resources, violation of U.S. laws, filing a wrong form, sometimes applying too early or too late or applying for a type of a green card that you don’t qualify for or not being able to demonstrate that you qualify for a particular type of green card. This is where an immigration lawyer can help!

Here are some examples: Sometimes people check the wrong box on the form and apply for the wrong option. Some people provide intentionally false information on the forms or during an interview. Married couples filing without an experienced immigration lawyer may have not provided sufficient proof that their marriage is authentic or couples getting married for the purpose of getting a green card. Some people who crossed the border illegally file an application without seeking a waiver of illegal presence. Some people have criminal records and may not qualify for a green card. An applicant seeking the National Interest Waiver filing without an experienced immigration lawyer did not show that (s)he is well positioned to advance the proposed endeavor, and in balance, it would be beneficial to the United States to waive the job offer and labor certification requirements (necessary to qualify). An asylum seeker files more than 1 year after entering the U.S. or a child who is a US citizen files a green card petition before reaching 21 years of age. Those are just some examples. The US immigration laws are complicated and constantly changing.

Please note that this article does not constitute legal advice. If you would like to move to the U.S. permanently, apply for a green card (legal permanent resident status), and would like to avoid having your green card application denied, schedule a consultation with an experienced lawyer in Scottsdale, AZ or call our office at 480-425-2009.

How Can You Move to the US Permanently and Legally?

As an immigration lawyer, I hear this question all the time. People are traveling to the United States as tourists or visiting family or potential business partners, they like the weather and opportunities, and are looking for ways to stay.  They are generally six main ways how to stay in the US:

1. Some people have a close relative in the United States (spouse, fiancé(e), parent, child, or sibling). For example, I had lots of couples coming to my office.  A foreigner met a US citizen, and they fell in love, got married and they want to be together.

2. People come to study at a US university, get a US degree, and get a job offer from a US employer, making them eligible for a green card through employment.  The US employer hires them under optional practical training and later files a petition for an H-1B visa or another type of visa and later for a green card. 

3. Entrepreneurial people like investors want to buy or start their own businesses. 

4. Some people have extraordinary abilities in sciences, arts, education, business, or athletics and achieved sustained national or international acclaim. For example, I represented a Shaolin Kung Fu Master who was one of a few Shaolin Kung Fu Masters that reached the top of his field and as such I was able to get him a green card. 

5. Some people fear of being killed or harmed in their country because of their political or religious beliefs, sexual orientation, nationality, or membership in a group and may qualify for asylum.

6. People may be selected in a diversity lottery that is being conducted in fall.

Please note that this article does not constitute legal advice. If you would like to move to the U.S. permanently and would like to discuss what is the best way to move to the U.S. legally, schedule a consultation with an experienced immigration lawyer at Juras Law Firm, PLC in Scottsdale, AZ or call our office at 480-425-2009.

Apply for asylum before new rules make it more difficult!

If you live in fear of being tortured or killed in your country for your religious or political beliefs, sexual orientation, nationality or membership in a group, you may consider applying for asylum. For more information about asylum, click here. The United States has long been a place of hope and safety people coming to America to escape religions persecution, political torture and other persecution.

Starting January 11, 2021, there will be new asylum rules that will make it more difficult to get asylum in the United States. It is essential to call an immigration lawyer in Phoenix as soon as possible. What will be considered “persecution” will be limited. What types of groups will be considered for asylum purposes will be limited. What will be considered political opinon for asylum purposes will be limited. The connection between your believes and harm will need to be more narow. Asylum will be also restricted if people could have sought asylum in a different country. The new asylum rule are being challenged in federal court.

Note, the above is only an outline of some of the new asylum rule’s changes. If you you think you may qualify for asylum, call an experienced immigration lawyer in Phoenix as soon as possible at 480-425-2009 or schedule your consultation online https://calendly.com/irena-3. It is imperative that your asylum applications is filed before January 11, 2021.

Increase in terminations of EB-5 Regional Centers

The pace of regional center terminations has increased significantly over the past several years. In 2018, the U.S. Citizenship and Immigration Services (USCIS) terminated 130 regional centers (RC). In 2019, the USCIS terminated more than 100 regional centers. Since the beginning of 2020, the USCIS has terminated 119 regional centers. Those numbers probably include voluntary withdrawals by RC and “involuntary” terminations by USCIS.

USCIS may terminate a RC for a failure to file the annual report or for a failure to continuously promote economic growth, including improved regional productivity, job creation, and increased domestic capital investment.

The most involuntary terminations on account of RCs’ failure to promote economic growth were due to a purported “lack of regional center activity” (including lack of concrete steps to undertake actual projects, failure to advance past the preliminary planning phases, lack of approved I-526 petitions filed by investors). Other reasons for terminations include RC’s failure to engage in proper monitoring and oversight and any evidence of mismanagement, theft, or fraud committed by the RCs or related entities.

If the RC is terminated before an EB-5 investor obtains his conditional green card, the investor may not get his green card. It’s important that the RCs engage in actual and meaningful activities intended to promote economic growth and to comply with EB-5 Program requirements.

Please note that this article does not constitute a legal advice.  If you would like help with applying for EB-5 green card, call our experienced EB-5 immigration lawyer in Phoenix at 480-425-2009 or schedule your consultation online.

Marijuana and Naturalization

On November 30, 2020, Arizona became the 13th state to legalize marijuana, despite the fact that marijuana remains a controlled substance under federal law. The immigration law is clear that a violation of the Controlled Substances Act (CSA) within five years of the naturalization application prohibits applicant from proving the good moral character necessary for the naturalization. An employment at a legal marijuana enterprise gave rise to an admission of a CSA violation.

On April 19, 2019, the USCIS issued its Marijuana Policy clarifying that violation of federal controlled substance law, remains a bar to establishing good moral character for naturalization. The implementation of the USCIS Marijuana Policy can result in other serious immigration consequences, including deportation and a bar from re-entering the US after traveling abroad.

Please note that this article does not constitute a legal advice.  If you would like help with applying for US citizenship, call our experienced immigration lawyer in Phoenix at 480-425-2009 or schedule your consultation online.

DACA Reinstated

On December 4, 2020, a New York court ordered the U.S. Citizenship and Immigration Services (USCIS) to reinstate the Deferred Action for Childhood Arrivals (DACA). Accordinly, effective December 7, 2020, USCIS is accepting first-time requests for DACA based on the terms of the original DACA policy. USCIS is also accepting DACA renewal requests and applications for advance parole. In addition, USCIS is extending one-year grants of deferred action under DACA to two years and extend one-year employment authorization documents under DACA to two years.

USCIS will provide evidence of the one-year extensions of deferred action and employment authorization to individuals who were issued documentation with a one-year validity period. USCIS will comply with the court order, but may challenge it.

Please note that this article does not constitute a legal advice.  If you would like help with DACA or would like to consult how this decision may impact you and your case, call our experienced DACA immigration lawyer in Phoenix at 480-425-2009 or schedule your consultation online.

Marriage green card for French citizen approved

My clients met online. A half a year later, they met in the US and got engaged. Then, a few months later the US fiancée came to my office seeking help with the fiancée visa process. It took 5.5 moths for the petition to be approved and another 3.5 months to have the fiancée’s interview in Paris. She arrived in the US with her fiancée visa 7 weeks later and got married 1.5 months later. A month later, we filed her paperwork for her green card. Since the USCIS office in Phonix was closed due to COVID-19 for 5 months, we waited 17 months for the green card interview. inally, the interivew was scheduled. It was great to see the happy couple and have my client’s green card approved.

Please note that this article does not constitute a legal advice.  If you would like to obtain a marriage-based green card, call our experienced immigration lawyer at 480-425-2009 or schedule your consultation online.

We highly recommend that you hire an immigration lawyer to represent you. Immigration law is one of the most complex fields to navigate on your own and the success of your case has a huge impact on your life.

New Naturalization Civics Test

The USCIS will implement a revised version of the naturalization civics test for applications filed on December 1, 2020 and later. The USCIS will now ask 20 questions out of 128 questions and the applicant needs to answer 12 questions correctly to pass the civics test.

The applicants at age 65 or older who have been lawful permanent residents for at least 20 years will continue to be asked 10 test questions and need to answer 6 questions correctly.

Please note that this article does not constitute a legal advice.  If you are seeking legal representation in your naturalization process, call an experienced immigration attorney at 480-425-2009 or schedule your consultation online.