Receiving a green card renewal denial can be frightening and confusing. Many permanent residents worry about whether they can stay in the United States, continue working, or travel outside the country. In New York and across the U.S., immigration laws are complex. However, a denial does not always mean deportation or losing residency status. To learn what happens when your green card renewal is denied, continue reading below. Reach out to a Queens green card lawyer with questions or concerns about your status.
Why Would My Renewal Request Be Denied?
As long as you follow instructions properly and follow the law, it is not likely that there will be an issue with your renewal application. However, there are certain situations where the U.S. government may deny a renewal request.
- Filing errors: Mistakes in the application, like failing to sign, submitting the wrong form, missing documents, or not including the correct fees, could lead to delays or outright denials
- False information: Submitting false information, whether about criminal history or even personal details, could lead the USCIS to believe that your application is fraudulent
- Basic eligibility requirements: To renew your green card, you must have valid permanent resident status, and your green card should expire in 6 months or less
- Criminal convictions: Certain criminal offenses, especially those involving moral turpitude, can lead to denial
- Immigration violations: Any past or recent immigration violations could cause a denial
It’s important to understand what a denial means and your options.
What Happens if My Green Card Renewal is Denied?
The good news is that your green card renewal being denied does not automatically cancel your lawful permanent resident status. It generally means that the USCIS found an issue with your application, not necessarily your residency. However, if USCIS believes you are no longer eligible for lawful permanent resident status, for example, due to criminal activity or fraud, they may issue a Notice to Appear (NTA) to begin removal proceedings.
If you still hold valid lawful permanent residency status, you can stay and work in the country. However, you may lose your authorization for employment if the green card expires. While the card’s expiration does not end your right to work, employers need proof of valid status, and delays could affect your ability to work.
If your green card renewal is denied, you should read the denial letter carefully to understand the exact reason for the denial. This will help you determine your next steps.
What Should I Do After Receiving the Denial?
The action you take after receiving the denial letter will depend on the reason you were rejected. If you believe that the denial was made in error, you can appeal the decision. You can file a motion to reopen based on new facts or a motion to reconsider based on a legal or factual error in the decision using Form I-290B, Notice of Appeal or Motion. Depending on the denial, your case could be referred to the AAO (Administrative Appeals Office).
Immigration law is complex, and understanding your legal rights and options is crucial after receiving a denial letter. Reach out to a skilled attorney for more information and skilled representation today.
