Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult an immigration attorney.
Obtaining a green card can be a challenging process. Many people who apply make mistakes that can slow down or even stop the process. These mistakes include missing papers and providing wrong information.
Houston is home to a broad group of immigrants, and many of them are seeking permanent residency. The immigration offices in the city process tens of thousands of green card requests every year. A Houston green card lawyer can help you make sure your application is complete and accurate.
You can improve your chances of success and achieve your goal of permanent residency by avoiding these common mistakes.
Providing Wrong or Inconsistent Information
Even small mistakes in your application can cause issues. The USCIS checks your application against other immigration records. If any inconsistencies are found, the application can be flagged for review.
- That all names, dates, and addresses are accurate.
- When writing down personal information, use the same spelling and format consistently across all forms.
- Keep copies of your completed application for future reference.
Not Meeting Important Deadlines
Failing to meet deadlines can result in delays or even the denial of your green card. The USCIS has strict timelines for submitting forms, providing evidence, and attending appointments.
- Write down important dates and times on your calendar.
- Before the due date, submit all forms and documents.
- Please respond to USCIS’s requests for additional information as soon as possible.
Submitting Forms or Documents that Aren’t Complete
Before USCIS can process an application, it verifies that it has all the necessary information and documents. Requests for Evidence (RFEs) occur when forms aren’t fully completed, which slows down the process.
- Use USCIS checklists to verify that you send all the required documents.
- Please provide legible copies of the required documents.
- Include certified translations of documents that aren’t written in English.
Forgetting to Sign Forms
It is very easy to make the mistake of not signing, but if you do, the document could be rejected immediately. USCIS will return unsigned forms, thereby delaying the process.
- Obtaining Lawful Permanent Residence can be a challenging process. Many people who apply make mistakes.2
- Review every page that requires a signature.
- If you’re unsure where signatures are required, consult an attorney.
Not Understanding the Affidavit of Support Requirement
All immigrants have to be sponsored by an individual who is a resident of the United States. The Affidavit of Support, also known as Form I-864, is essential for this purpose. This is a contract signed by an individual, commonly referred to as the sponsor, who assumes financial responsibility for the immigrant.
Most people who want to obtain Lawful Permanent Residence must submit an Affidavit of Support. The appeal may be rejected if this document is missing or incomplete.
- Make sure that your financial sponsor meets the income requirement.
- As evidence, include all necessary documents, such as tax reports and pay stubs.
- If necessary, you may want to consider using a joint sponsor.
The duration of this financial responsibility depends on one of the two following factors.
- Until the candidate becomes a citizen of the United States
- The applicant has gone through 40 qualifying quarters of work as described under the Social Security Act. In simple words, the candidate must have been a part of the US workforce for approximately 10 years.
Ignoring Medical Examination Requirements
Most applicants are required to undergo a medical examination by a doctor approved by the USCIS. Some, on the other hand, don’t have to go through the medical examination unless they have a specific condition.
If you don’t send in the doctor’s report, processing may be delayed.
- Make an appointment with a licensed USCIS doctor for your medical check.
- That you have all your vaccinations up to date.
- You can either send the sealed medical report with your application or bring it with you to your interview.
It is also important to note that the immigration officer has the final say in conducting a medical examination. If they feel that the applicant is medically inadmissible, they have the right to conduct one, regardless of the type of immigration the candidate is seeking.
How Missing or Incorrect Documentation Can Delay or Invalidate the Application
Missing or incorrect documentation can significantly delay or even render a Green Card application invalid. Proper documentation is essential in proving eligibility and ensuring that the appeal is complete. Here’s a detailed explanation of how missing or wrong documentation can affect the process:
1. Increased Processing Time
- Delays in Review: When an application is incomplete or contains errors, the U.S. Citizenship and Immigration Services (USCIS) cannot fully process it. As a result, the application may be delayed while USCIS requests the missing or corrected documentation.
- Request for Evidence (RFE): If any essential documents are missing, USCIS may issue a Request for Evidence (RFE), requesting that the requester submit the missing items. This can add several weeks or even months to the overall processing time.
2. Possible Denial of the Application
- Inability to Prove Eligibility: Incomplete documentation may prevent applicants from demonstrating that they meet the eligibility criteria for Lawful Permanent Residence. For example, missing proof of family relationships (e.g., marriage certificate or birth certificate) in family-based applications can lead to the denial of the appeal if USCIS cannot verify the relationship.
- Failure to Meet Requirements: Certain categories of Green Card applicants are required to submit specific documentation to show they meet certain requirements (e.g., financial support, legal status, or employment). Failing to submit these documents could result in an outright denial if the requester does not meet the necessary standards.
3. Increased Risk of Fraud Concerns
- Incomplete or Inaccurate Information: Submitting incomplete or incorrect documents might raise suspicion about the applicant’s intent or honesty. For instance, inconsistencies between submitted documents or failure to provide requested information might lead the USCIS officer to believe the candidate is trying to hide information or commit fraud.
- Misrepresentation: Providing false or incorrect information, whether intentional or unintentional, can lead to severe consequences, including permanent disqualification from obtaining a Green Card or even deportation.
4. Impact on Family Members
- If the primary Green Card applicant fails to submit the correct or complete documentation, it may impact any family members (such as spouses or children) included in the request. For example, a missing birth certificate for a child might result in that child being excluded from the Submission, causing delays or even requiring a separate petition for that family member.
5. Request for Resubmission
- In some cases, if the provided documentation is insufficient, USCIS may request that the documents be resubmitted. This can be time-consuming and frustrating for applicants who may have already spent a considerable amount of time gathering the correct paperwork.
- Multiple requests for resubmission or document updates may cause the request to be put on hold, extending the wait time and making the process more cumbersome.
6. Impact on the Applicant’s Status
- If the Green Card application is delayed due to missing or wrong documentation, the submitter may experience uncertainty regarding their immigration status. For applicants in the U.S. on temporary visas, this may result in the loss of legal status, which could lead to issues such as overstaying or being out of status.
- Additionally, certain benefits associated with the Green Card process, such as work authorization or travel permits, may be delayed or put on hold until the Submission is fully completed.
7. Additional Fees and Effort
- Resubmission Costs: If an applicant needs to resubmit documents or file a new form due to missing information, they may incur additional fees.
- Time and Effort: Collecting the right documents and responding to RFEs can be exhausting and time-consuming, which can cause frustration and further delays.
8. Ineligibility to Appeal or Reapply in Some Cases
- Depending on the nature of the error, if an application is denied due to it, it may not always be possible to appeal or reapply for the same purpose. For example, suppose a form is filled out incorrectly or a critical document is missing and not rectified in a timely manner. In that case, the requester may need to restart the submission process, which could incur additional costs and delays.
Conclusion
The United States is often referred to as the Land of the Immigrants, and for good reason; it is a country composed of immigrants. The changing geopolitical landscape and the increase in the number of people trying to enter the US illegally have led to the rise of the stringent rules mentioned in this article.
As harsh as the rules may seem, they are important to the US, not just to maintain a diverse workforce but also to establish the values it holds true are not threatened.
