Green Card Denied? The Most Common Reasons & How to Fight Back

Understanding Green Card Denials in 2025

For many immigrants, obtaining a green card is a critical step toward lawful permanent residency in the United States. However, not all applications are approved. A denial can be frustrating and even devastating—but it’s not always the end of the road. Understanding why green cards are denied and what legal strategies are available can make all the difference.

In this post, we will explore the most common reasons for green card denials, steps you can take if your application is denied, and legal strategies to appeal or reapply successfully.

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Common Reasons for Green Card Denials

1. Inadmissibility Due to Criminal History

A past criminal record can lead to a green card denial if the offense falls under the category of "inadmissible crimes." These include:

• Crimes involving moral turpitude (CIMTs) – offenses that indicate dishonesty or immoral behavior, such as fraud or theft.

• Drug-related crimes – even minor drug possession can impact eligibility.

• Aggravated felonies – serious crimes like murder, drug trafficking, or violent offenses can make an applicant permanently inadmissible.

🔹 How to Fight It: In some cases, a waiver of inadmissibility (Form I-601) can be filed, demonstrating rehabilitation or hardship to a U.S. citizen family member.

Source: U.S. Citizenship and Immigration Services (USCIS) – Grounds of Inadmissibility

2. Public Charge Rule Concerns

The U.S. government assesses whether an applicant is likely to become a “public charge,” meaning dependent on government assistance. While the 2023 version of the Public Charge Rule was less restrictive, financial stability is still a crucial factor.

🔹 How to Fight It: Providing additional financial evidence, a joint sponsor, or proof of assets can strengthen an appeal.

Source: USCIS – Public Charge Policy

3. Errors or Omissions in the Application

Mistakes on your Form I-485 (Application to Register Permanent Residence or Adjust Status) can lead to immediate rejection or denial.

🔹 How to Fight It: Carefully review your application before submission, and if denied, you may be able to file a motion to reopen or reconsider (Form I-290B).

4. Unlawful Presence or Visa Overstay

If an applicant has stayed in the U.S. unlawfully for more than 180 days but less than a year, they face a three-year ban from re-entering the U.S. If the unlawful presence exceeds one year, the ban extends to ten years.

🔹 How to Fight It: A 601A provisional waiver can be requested to forgive unlawful presence if the applicant can prove extreme hardship to a qualifying U.S. citizen or legal resident spouse or parent.

Source: USCIS – Provisional Unlawful Presence Waivers

5. Marriage-Based Green Card Denial Due to Fraud Suspicions

Marriage-based green card applications undergo strict scrutiny to ensure the marriage is legitimate. Common red flags include:

• A large age gap between spouses

• Different addresses on official documents

• Inability to answer personal questions in an interview

🔹 How to Fight It: Strong documentation (joint leases, shared bank accounts, affidavits from family and friends) and an appeal with an experienced immigration attorney can help overcome suspicions.

What to Do If Your Green Card Is Denied

1. File an Appeal (Motion to Reopen or Reconsider)

If you believe USCIS made an error, you can file Form I-290B to request a reconsideration. This is usually only successful if new evidence or a clear legal error is identified.

2. Reapply with a Stronger Case

If an appeal is not an option, a fresh application with additional evidence can increase approval chances.

3. Seek a Waiver of Inadmissibility

If the denial is based on criminal history, public charge issues, or unlawful presence, a waiver request may be the best path forward.

4. Take Your Case to Immigration Court

For applicants already in the U.S., a deportation hearing may follow a green card denial. Legal representation is crucial at this stage to argue for relief.

Source: Board of Immigration Appeals (BIA)

Final Thoughts: Fight for Your Immigration Rights

A green card denial is not necessarily the end of your immigration journey. With the right legal strategy, you can overcome obstacles, appeal decisions, and secure your lawful status in the U.S.

Need Help with Your Case?

If your green card application has been denied, contact an experienced Texas immigration attorney today to explore your legal options and fight for your future.

📞 Call: 713-714-7330📧 Email: ruben@restrepodwilawyer.com

Stay informed. Stay prepared. Your future in the U.S. is worth fighting for.