4 reasons why your green card renewal application get denied?
TRANSCRIPT
Top 4 Reasons for Why your Green Card
Renewal Application may Denied?
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Green Card Renewal Denied Denials of green card renewal applications are on the rise.
According to USCIS, 34,444 applicants had a green card renewal denied in fiscal year 2014. That’s a 56% increase compared to the previous year.
USCIS reporting for 2014 shows that 781,701 applications for green card renewal (Form I-90, Application to Replace Permanent Resident Card) were received by USCIS and just over 639,014 were approved. Many are getting denied. When an application is denied, USCIS keeps the filing fees and the applicant is denied benefits. If certain immigration violations are exposed in the review process, this can lead to significant legal problems for the applicant.
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Green Card Renewal Denied for Committing a Crime1
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Green Card Renewal Denied for Committing a Crime
Some crimes are deportable offenses. However, there is no simple list of crimes for you to check. If you have been convicted of a felony or misdemeanor, it is always wise to get a quick consultation from an immigration attorney before filing Form I-90 to renew your green card. Don’t rely on what you’ve heard or read on the internet. Get professional advice from a experienced, licensed immigration attorney.
Remember, it is better to play it safe than to get your green card renewal denied. In many cases, an experienced attorney can successfully obtain a renewed green card for clients that have deportable crimes. Read more about Renewing a Green Card After an Arrest.
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Renewing a Green Card after an Arrest:
I. Obligation to Renew/Replace a Green CardII. What Happens at a Biometrics AppointmentIII. Types of Deportable CrimesIV. What Is an Aggravated Felony?V. Renewing a Green Card after an Arrest for a Drug
CrimeVI. Renewing a Green Card after an Expunged or
Vacated Conviction
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Renewing a Green Card after an Arrest
When renewing a green card after an arrest or criminal offense, be aware that USCIS will review the record of the permanent resident.
There are several crimes that can be deportable offenses. And some criminal offenses do not require a conviction to trigger inadmissibility or deportability for an immigrant. When renewing or replacing a green card, these crimes will be revealed to USCIS. Each time a permanent resident files Form I-90, Application to Replace Permanent Resident Card, USCIS requires the applicant to pay for and undergo a criminal background check.
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Obligation to Renew/Replace a Green Card
An arrest should not stop a permanent resident from renewing or replacing a green card. In fact, there is a legal obligation for a permanent resident over 18 years of age to carry a valid (unexpired) green card at all times. For practical reasons, a valid green card is needed for obtaining employment and traveling abroad. Avoiding the problem won’t make it go away.
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What Happens at a Biometrics Appointment Approximately one month after filing Form I-90, the applicant will
receive an appointment notice by mail. The notice provides the date, time and location to appear for a biometrics appointment. The biometrics appointment is relatively short, only about 15-30 minutes, and is used to obtain the permanent resident’s fingerprints and photograph. The data is used to create a new green card, but it is also used to run a criminal background check.
USCIS will send the applicant’s name and fingerprints to the Federal Bureau of Investigation (FBI). The FBI will check the information against databases held by numerous law enforcement agencies. USCIS will be able to determine if the applicant has any crimes or immigration violations on his or her record.
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Types of Deportable Crimes A crime that is considered a felony in one’s state may not be a deportable
crime according to the INA. On the other hand, a crime that’s considered a mere misdemeanor at the state level could be a deportable offense when USCIS reviews a file. When renewing a green card after an arrest, the following types of offenses could make the green card holder deportable:
an aggravated felony a crime of moral turpitude within five years of receiving a green card two deportable crimes at any time a sex crime a drug crime domestic violence a firearms offense a fraud-related offense
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What Is an Aggravated Felony? The term “aggravated felony” is used and defined in the
Immigration and Nationality Act, but it can be very misleading. In many cases, the INA’s definition of aggravated felony includes crimes that are not aggravated and are not felonies. People who have been convicted of misdemeanors, or of other crimes that were not charged as felonies in their state, have been found to have committed an aggravated felony and been deported.
In immigration law, an aggravated felony is defined much more broadly than in most state’s criminal laws. The definition is found in Section 101(a)(43) of the Immigration and Nationality Act, or Section 1101(a)(43) of the U.S. Code.
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Renewing a Green Card after an Arrest for a Drug Crime
Any conviction for a controlled substance violation (crimes involving drugs or drug paraphernalia), with the exception of simple possession of less than 30 grams of marijuana, is potentially grounds for denial of a green card renewal and can start removal proceedings. Even if the state considers the violation a misdemeanor, immigration law treats it differently. And although possession of less than 30 grams of marijuana is not grounds for denial of a green card renewal and removal, it can result in inadmissibility. A permanent resident that travels abroad may be found inadmissible when attempting to re-enter the United States. The permanent resident should speak to attorney before traveling to determine if a waiver of inadmissibility may be necessary.
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Renewing a Green Card after an Expunged or Vacated Conviction
In certain circumstances, expunged and vacated convictions may be treated as convictions for purposes of immigration. Examples of certain criminal activity that can make a person deportable or inadmissible without a conviction are:
Holding oneself out to be a United States citizen (even just on a job application)
Where there is reason to believe a non-citizen either was or is a trafficker in controlled substances
Immigration fraudMarriage fraud
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Green Card Renewal Denied for Lying on Renewal Application2
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Green Card Renewal Denied for Lying on Renewal Application After filing Form I-90, USCIS will schedule you for a
biometrics appointment. At the appointment, you will be asked to re-affirm under penalty of perjury that all of the information in your application is complete, true, and correct and was provided by you. If you obtained assistance from a friend, family member or attorney to prepare the application, this must be disclosed. Likewise, indicate if you received help from a language interpreter.
Knowingly submitting incorrect information on Form I-90 and lying to USCIS officers is against the law and will get your green card renewal denied. It’s simple — be truthful. If you believe that the truth will damage your chances, you should consult with an expert.
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Green Card Renewal Denied Because You Were Ordered Removed3
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Green Card Renewal Denied Because You Were Ordered Removed If you were ordered removed from the United States since
obtaining permanent resident status, you will likely get your green card renewal denied. “Ordered removed” has a very specific meaning. You have only been “ordered removed” if one or more of the following happened to you:
A judge ordered you deported or removed.You signed a stipulated removal order.
(Contd..,)
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You were caught at the border and immigration officials decided to complete Expedited Removal paperwork on you. (This is different than simply being refused entry.)
“Ordered removed” also does not apply to you simply because you have one of the following immigrant visa (class of admission) categories: Z11, Z13, Z14 and Z15. These visa categories are based on a “suspension of deportation” or “suspension of removal.” This is different than being ordered removed.
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Green Card Renewal Denied for Using Wrong Form4
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Green Card Renewal Denied for Using Wrong Form Every year many conditional permanent residents
incorrectly file Form I-90. Conditional permanent residents should only use Form I-90 to replace a green card (i.e. lost, stolen, damaged or incorrect information). A conditional permanent resident should never file Form I-90 to renew a green card; this will result in a denial.
If you became a conditional permanent resident through marriage to a U.S. citizen or permanent resident and your conditional status is expiring within the next 90 days, file Form I-90
(Contd..,)
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Please choose the option that applies to you:
I am a Permanent Resident or Green Card holder Explain This
I am a Conditional Permanent Resident (Green Card valid for two years) Explain This
I have never held a Green CardYou want to become the U.S. Citizen then file Form
N-400 Application.
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Reach Us5
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Contact us:
Reach us through the link below:
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Toll Free Number : +1-888-943-4625
e-mail: [email protected]
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Disclaimer U.S. Immigration Center is a private entity and is not
affiliated or approved by any government agency. All the online forms that you will be filling with usimmigration-center.com can be availed free of cost from the USCIS with written instructions. We are not a law firm and don't provide attorney's services. The service fee that you pay to us does not include any applicable government filing fees. We assist you in filling the forms accurately and ensure that it is ready to be filed with the USCIS by you.
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