What Are The Most Common Complications Or Mistakes In The Immigration Application Process People Often Make That Can Hold Up Or Completely Derail The Green Card Process?
The most common complication in the application process is that of an honest mistake.
Many individuals decide to try to take care of their applications on their own, and in the course of their actions, they unintentionally cause problems by not filling out their immigrations forms completely or correctly.
If you fill out a form and there is something missing or incomplete, that alone could be a reason for the USCIS office to deny your application. The denial will be on the grounds that you did not send in all the information they required.
Another common mistake occurs when a person submits a family-based application, but does not provide the necessary type of evidence that is needed to establish a relationship. Generally, it is the case that it is not a matter of the quantity of evidence they have provided. Instead, these issues arise because the USCIS is looking for very particular kinds of evidence and documentation with a specific standard of quality.
Finally, if you are consulting with an attorney or you are looking to hire an attorney to take care of your case, there is a common issue that arises in the communication process.
Very often, the failure to fully disclose to your attorney your entire immigration history (or history with criminal matters) can greatly affect the outcome of your immigration case in a negative manner.
If the full scope of your situation is not disclosed during the initial consultation with your attorney, you can find yourself in a situation where it might be too late to address those issues. This situation can cause the case to head down a completely different path because that criminal history was not disclosed from the beginning.
It is of the utmost importance when speaking in an initial consultation to discuss all matters and history surrounding your case and unique circumstances. Aside from protecting yourself from winding up in a place of no return, full disclosure allows your attorney to use all available resources to the best your situation.
Is A Medical Exam Performed By A Government Approved Doctor Required For Admission As A Lawful Permanent Resident To The United States?
As part of your application for lawful permanent residency, you are required to submit a medical exam on the I-693 form. Unfortunately, you cannot go to any doctor you would like. On the USCIS website, there is a link called Find A Doctor. Once there, you will enter your address and it will give you a list of government-approved doctors. These doctors are certified to perform exactly these kinds of medical exams — for the purposes of an individual seeking lawful permanent residence here in the United States.
Is Anyone With The Criminal History Automatically Considered Inadmissible As It Relates To The Green Card Process?
A person with a criminal history is not considered automatically ineligible for a green card. Whether or not you will be approved with a criminal history depends on the type of offense that was committed and what the outcome of the criminal case was. This refers to whether or not you were confined to jail or were sentenced with a deferred probation of some kind. The way your criminal charge was penalized will affect the analysis of whether you are admissible or inadmissible.
Under the Immigration Nationality Act (INA) there are some exceptions to inadmissibility due to a criminal history. For example, if you have a single charge of possession of marijuana in an amount of less than 30 grams, you may still be admissible.
The exceptions in cases like this essentially stand to give people a chance to redeem themselves.
Another exception is for petty offenses. In this case, If you have faced a charge whereby the maximum penalty is one year in prison, but you are able to work out a plea deal with the prosecutor’s office and you are sentenced for less than six months, then you fall under the petty offense exception. In this case, you would not automatically be inadmissible because of the offense you’ve committed.
It is advisable you should consult with a lawyer if you have any type of a criminal case in your history. It is important to do this as your first step. Avoid going through this green card process without assuming the worst, because you may fall under some of these exceptions.
What Is Considered Lack Of Funds As It Relates To The Green Card Process?
The term “Lack of funds” is used in reference to your petitioner’s financial status. When you apply for a green card, you are required to have a sponsor on your case. Typically, the person who is petitioning for (or sponsoring) you is your spouse under penalties or a US citizen over the age of 21 who is petitioning for their parent.
Your sponsor will need to establish that they have the financial means to support you in the event that you cannot afford certain expenses. This is required with the intention that if, for example, you are in a medical emergency, you will not need to rely on government funding and will not become a public charge. These requirements act as a safeguard to the government that you will not become an expense to the greater society.
Income requirements (or asset requirements) differ depending on the size of your sponsor’s household, how many dependents they can claim on their tax return, and if they have any standing obligations as petitioners to other individuals they may have sponsored in the past.
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