Being married to a U.S. citizen or lawful permanent resident does give an immigrant the right to apply for a green card, but it offers no guarantee that one will be granted. If you or your spouse has been denied a green card, our South Carolina immigration team offers insight into the possible reason for the denial and what you can do next.
Why a Spousal Visa Might be Denied
When denied a visa, U.S. immigration authorities will typically offer a brief explanation for the denial. Whether it was on the basis of inadmissibility for health reasons or the marriage is no considered bona fide, you may feel as though your spouse is simply ineligible for a green card, but this is not always the case.
Mistakes Made by Immigration Authorities
It is possible that the immigration authorities make a mistake due to the complicated nature of the U.S. immigration system. Some of these mistakes can be inexplicable, while some decision-makers simply overlook some of the evidence and documentation.
Denial at the U.S. Consulate
If your spouse was denied a green card at the U.S. consulate, there is no available direct appeal. However, an experienced attorney may be able to request an advisory opinion on the case from the State Department’s Visa Office and use that to request the consulate to grant the visa after all.
This process can be complicated and long-winded, however, due to the slow-moving pace of the immigration system, and simply figuring out the reason for the initial denial and reapply with the issues corrected.
Denial of Adjustment of Status
There is also no direct appeal for those denied a visa after applying at an office of U.S. Citizenship and Immigration Services. These cases do have the ability to be reopened, especially if new evidence has the ability to be presented to change the original decision.
The danger in this type of denial is the possibility of your spouse being placed in removal proceedings if they are denied a green card while being in the United States without a valid visa. During the removal proceedings, your spouse will need to testify and present the green card application, with the hopes of persuading the judge to grant the green card rather than be deported.
Contact Our Immigration Team Today
As seen above, any mistake or discrepancy in documentation during the green card application process can result in an immediate denial. The experienced team at Colón Law Firm can help guide you through the family immigration process to ensure that nothing during the application process will undermine your opportunity to obtain your green card.
If you or a loved one need assistance in the family visa process, find out more about how we can help you by contacting us today through our website or give us a call at (864) 697-2870 to schedule a consultation!