Applying for a green card is a significant step toward permanent residency in the United States. While the process can lead to life-changing opportunities, it’s also fraught with detailed processes. Any errors or omissions in your application can result in delays, denials, or even legal issues.
At Herhusky Law Office, PLLC, we are here to help you through green card applications successfully. We can make sure the process is as simple as possible if you need help in Raleigh, North Carolina, and throughout the Raleigh area, including Durham, Greensboro, Fayetteville, Charlotte, Wilson Wilmington, and greater North Carolina.
We’ll let you know about some of the most common mistakes applicants make and how to avoid them.
Incomplete or Incorrect Forms
One of the most common mistakes in green card applications is submitting incomplete or inaccurate forms. U.S. Citizenship and Immigration Services (USCIS) requires specific forms, such as Form I-485 for adjustment of status or Form DS-260 for consular processing. Leaving fields blank, providing incorrect information, or failing to sign the forms can result in immediate rejection or delays.
How to Avoid This Mistake:
Double-check all forms before submission.
Make sure every field is completed accurately.
Use resources such as the USCIS website or consult an immigration attorney to verify the correct forms for your situation.
By taking these steps, you can avoid unnecessary delays or rejections caused by simple errors. This allows for a smoother process as you move on to meeting critical deadlines.
Missing Deadlines
Green card applications often involve strict deadlines. Whether it’s responding to a Request for Evidence (RFE), filing within the required timeframe after receiving a visa, or adhering to other deadlines, missing them can jeopardize your application.
How to Avoid This Mistake:
Create a timeline or checklist to track all deadlines.
Respond promptly to any USCIS correspondence.
Work with an attorney who can help manage and track important dates.
Staying organized and proactive with deadlines can greatly enhance your chances of success with green card applications, making it easier to focus on assembling the necessary supporting documentation.
Failure to Provide Supporting Documentation
Green card applications require a significant amount of supporting documentation, such as birth certificates, marriage certificates, tax returns, employment letters, and evidence of lawful entry. Missing or incomplete documentation is a common reason for delays or denials.
How to Avoid This Mistake:
Review the USCIS checklist for your application type.
Include certified translations for any documents not in English.
Keep copies of all submitted documents for your records.
The thorough preparation of supporting documents demonstrates your attention to detail and commitment to providing accurate information, which is essential before addressing financial requirements.
Ignoring Financial Requirements
For family-based green card applications, the sponsor must meet certain financial requirements to prove they can support the applicant. Submitting incomplete or incorrect Form I-864 (Affidavit of Support) can lead to application denial.
How to Avoid This Mistake:
Make sure the sponsor’s income meets the poverty guidelines for the household size.
Provide all necessary financial documents, such as tax returns and pay stubs.
Consider using a joint sponsor if the primary sponsor’s income is insufficient.
Meeting financial requirements is a critical step in demonstrating that the applicant won’t become a public charge, setting the stage for compliance with visa terms.
Overstaying or Violating Visa Terms
Applicants who have overstayed their visa or violated its terms often face complications when applying for a green card. These violations can trigger bars to reentry or other penalties.
How to Avoid This Mistake:
Monitor the expiration date of your visa and apply for extensions if needed.
Consult with an attorney if you have overstayed or violated your visa terms to explore possible waivers.
By avoiding this simple but critical mistake, you’ll be able to continue to enjoy the benefits of a green card.
Inadequate Preparation for the Interview
The green card interview is a critical part of the application process. Applicants who are unprepared or provide inconsistent answers may face delays or denials.
How to Avoid This Mistake:
Review your application thoroughly before the interview.
Practice answering potential questions with a trusted friend or attorney.
Bring all required documents to the interview.
Make sure to stay calm and confident during your green card interview. With a little coaching and preparation, you should be able to get through the process smoothly.
Lack of Knowledge About Grounds for Inadmissibility
Certain factors can make an applicant inadmissible, such as criminal history, health issues, or prior immigration violations. Failing to address these issues properly can lead to application denial.
How to Avoid This Mistake:
Disclose all relevant information honestly and upfront.
Work with an attorney to determine if you qualify for a waiver of inadmissibility.
Provide evidence to counter any potential grounds for inadmissibility.
By working with a knowledgeable immigration attorney, you’ll be able to avoid this common pitfall.
Applying Without Legal Assistance
While it’s possible to apply for a green card without legal assistance, the process is challenging. Many applicants make mistakes because they lack the knowledge or experience to understand the system.
How to Avoid This Mistake:
Consult an immigration attorney to guide you through the process.
Seek legal advice if your case involves complications, such as prior visa violations or criminal records.
Use reputable immigration resources to stay informed about the process.
Make the right choice and partner with an experienced immigration attorney. They can make sure all your paperwork is in order to facilitate a smooth process.
Submitting Outdated Forms or Fees
USCIS periodically updates its forms and filing fees. Using outdated forms or submitting the wrong fee amount can result in rejection.
How to Avoid This Mistake:
Always download the latest forms directly from the USCIS website.
Check the current fee schedule before submitting your application.
Include the correct payment method, such as a check or money order, made out to “U.S. Department of Homeland Security.”
This is an easy mistake to make without a careful eye. Thankfully, an immigration attorney knows exactly what to look for to keep your forms up to date.
Failing to Update USCIS on Address Changes
Applicants are required to notify USCIS of any address changes within 10 days. Failure to do so can result in missed correspondence and potential denial of your application.
How to Avoid This Mistake:
File Form AR-11 (Change of Address) online or by mail immediately after moving.
Keep a copy of the confirmation for your records.
Make sure your mailing address is current to avoid missing important updates.
With the help of an immigration lawyer, you’ll have no trouble updating USCIS on any address changes.
Not Responding to Requests for Evidence (RFE) Properly
If USCIS issues an RFE, it means they need additional information or documentation to process your application. Ignoring or providing incomplete responses to an RFE can lead to denial.
How to Avoid This Mistake:
Review the RFE carefully to understand what is required.
Submit all requested documents by the deadline.
Seek legal assistance if you’re unsure how to respond.
Misrepresentation or Fraud
Providing false information or engaging in fraudulent activities during the green card application process can have severe consequences, including permanent bans from entering the U.S.
How to Avoid This Mistake:
Be truthful and transparent in your application.
Double-check all information for accuracy.
Consult an attorney if you’re concerned about past issues that may affect your application.
Honesty and accuracy are paramount when dealing with USCIS. Addressing potential issues early can prevent complications, especially when considering travel restrictions during processing.
Overlooking Travel Restrictions During Application Processing
If you leave the U.S. while your green card application is pending without proper documentation, such as advance parole, your application may be considered abandoned.
How to Avoid This Mistake:
Obtain advance parole if you need to travel during the application process.
Avoid international travel unless absolutely necessary until your application is approved.
Being cautious about travel during the application process makes sure that your efforts are not jeopardized by unintended abandonment of your green card application.
Not Following Instructions on Biometrics Appointments
USCIS requires applicants to attend a biometrics appointment to provide fingerprints, photographs, and signatures. Missing this appointment or failing to follow instructions can delay the process.
How to Avoid This Mistake:
Attend your biometrics appointment as scheduled.
Bring the required documents, such as your appointment notice and valid ID.
Contact USCIS to reschedule if you can’t attend the original appointment.
By following these guidelines, you can avoid unnecessary delays and keep your green card application process on track.
Assuming Eligibility Without Verification
Many applicants assume they qualify for a green card without fully understanding the eligibility criteria. Applying under the wrong category or without meeting the requirements can lead to rejection.
How to Avoid This Mistake:
Research the specific eligibility criteria for your green card category.
Consult an attorney to confirm your eligibility before applying.
Provide all necessary evidence to support your eligibility claim.
Verifying your eligibility in advance helps streamline the application process and minimizes the risk of rejection due to unmet requirements.
Reach Out to Herhusky Law Office, PLLC for Help With Green Card Applications
Applying for a green card is a challenging process that requires careful attention to detail. Avoiding these common mistakes can save you time, money, and unnecessary stress. Our attorney at Herhusky Law Office, PLLC, is here to help you through the process and achieve your immigration goals if you’re in Raleigh, North Carolina, and the surrounding areas.
