Green cards are temporary residency permits that last between two and ten years. Upon expiry, the holder is required to renew or leave the U.S. Renewal is not automatic. The USCIS reports that it rejects around 10% of the renewal forms for technical errors and denies thousands of I-90 applications.
At Moffitt Law, LLC, our experienced immigration lawyer serving Carrollton and LaGrange, GA, can help you avoid mistakes that lead to green card denial. Get in touch regarding issues affecting your green card.
Providing Incorrect Information or Intentionally Lying In Your Renewal Application
The USCIS is very stringent on applicants and requires them to provide the most accurate and current information. If you make a mistake, they may assume it was intentional and deny you the green card renewal. To be safe, fill in all the spaces and attach all the required documents and evidence.
The Applicant Committed a Crime
The USCIS conducts a background check on each green card renewal applicant. All types of felonies and misdemeanors can harm your immigration status, but certain categories of crimes substantially reduce the chances of getting a renewal.
These include aggravated felonies, domestic violence, attempted murder, smuggling, and firearm offenses. Having two or more deportable crimes result in automatic I-90 denial.
A Court Decreed Your Deportation
If a court rules in favor of your deportation, your official record will indicate you were “ordered removed.” you fall under this category if:
- A judge ordered your deportation
- You signed a stipulated removal order
- Immigration officials processed the Expedited Removal paperwork at the time of crossing the border
You Used the Wrong Application Form
Form I-90 is used for renewals and replacing green cards. The application you submit depends on how you obtained the green card. If you are a conditional resident who gained residency by marrying a U.S. resident, you should not submit an I-90 to renew your residency.
People on conditional residency should only use I-90 if their green card is lost, stolen, or damaged. To change their status, they should file I-751 or I-829. Many people submit the wrong form resulting in a rejection.
Other Causes of Green Card Denial
Apart from the most common reasons highlighted above, there are other causes of denied renewals, which often result from a lack of proper diligence.
Applying too early
The USCIS requires green card holders to only apply for renewal within six months of expiry. This is to guard against regulatory changes that can make your application out of date or require consideration. If you apply too early, they may reject or return the application. This will cost you because the fees are non-refundable.
Unpaid taxes
Every U.S. citizen and resident is obliged to file income tax returns annually. If you have missed the deadline a few times, you will face further scrutiny when renewing your green card. It’s advisable to sort out your tax issues before submitting your I-90.
Frequent travelers
Green card holders are free to travel abroad, but if you stay outside the U.S. for more than six months, you risk loss of status or green card abandonment. This could complicate your renewal requests, especially if the green card expired while you were away. The best way to prevent this situation is to inform the USCIS of your absence and the reasons for staying abroad.
Public charge
The federal government prefers immigrants who will add rather than take from the economy. If you’re a public charge or at risk of becoming one, the USCIS will flag your application and deny your renewal.
Work With an Experienced Georgia Immigration Lawyer
It’s important to hire a competent and experienced lawyer when applying for green card renewal because it is difficult to regain a renewal once it has been denied. Moffitt Law, LLC helps individuals like you make successful green card renewals. Contact us to speak to a trusted immigration attorney in Georgia today.
Green Card Renewal FAQS
How do I apply for green card renewal?
You renew your green card by creating a USCIS online account, submitting the necessary documents, and paying the fee. After that, they will communicate further requirements and the final decision.
How long does it take for a green card to be renewed?
The USCIS takes 6 to 10 months to process and renew a green card visa.
What happens if my green card renewal is denied?
You can file a motion requesting the USCIS to reopen and reconsider the application. You can also appeal to the Administrative Appeals Office (AAO) to determine if your application was wrongly rejected by the officer handling it.
