Articles Posted in Denials

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The United States Citizenship and Immigration Services (USCIS) has released a new policy memorandum that will have wide ranging implications for immigrants. Beginning September 11, 2018, USCIS will use their discretion to deny an application, petition, or request filed with USCIS without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), if insufficient evidence is sent with the initial filing of the application or if the evidence provided does not establish the applicant’s eligibility for the benefit requested.

The new policy memorandum “Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b)” supersedes the 2013 policy memorandum titled “Requests for Evidence and Notices of Intent to Deny” which previously governed an officer’s discretion to deny an application, petition, or request without first issuing a request for evidence. Previously, the 2013 memo required requests for evidence to be issued where the initial evidence was unsatisfactory or did not establish the applicant’s eligibility for the benefit requested.

As of September 11, 2018, USCIS now has the power to deny petitions lacking initial evidence without sending a Request for Evidence or Notice of Intent to Deny to cure the defect. This is bad news for applicants of immigrant and non-immigrant visa types, because applicants who have not provided sufficient evidence to USCIS to establish that they are eligible for the benefit requested can be denied without having the opportunity to cure the defect.

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In this post we discuss the top five most common reasons your adjustment of status application may be denied.

Financial Reasons

One of the requirements to receive adjustment of status in the United States is to prove that the petitioner (the U.S. Citizen or LPR spouse) has sufficient income or assets to support you based on the petitioner’s household size when filing the I-864 Affidavit of Support. The petitioner must meet at least 125% of the U.S. poverty guidelines in order to sponsor the beneficiary of the adjustment of status application. If the petitioner does not meet that income requirement, they may be able to use assets such as properties, a 401(k), mutual investment fund, ownership of stocks, ownership of two or more automobiles to supplement their income. However, if the petitioner will be using the value of their assets to supplement their income, the total value of the assets must be equal to at least three times the difference between the total household income and 125% of the U.S. poverty guidelines for their household size. For an example of how to use assets to supplement income, please review the I-864 affidavit of support instructions.

If the petitioner does not meet the income requirement and cannot supplement the shortage with their assets, they must obtain a joint sponsor who does meet 125% of the U.S. poverty guidelines based on their income. A joint sponsor can be anyone that is a U.S. Citizen or LPR that satisfies the poverty guidelines.

One of the most common reasons for a denial of the adjustment of status application is that the petitioner and/or joint sponsor does not meet the required income requirement. Failure to respond to a request for evidence with satisfactory evidence will mean a denial of the application, even before the couple gets to the interview stage.

Public Charge

If USCIS believes that the beneficiary will likely become dependent on the U.S. government for long-term care or financial support, the green card application will be denied. USCIS reviews the I-864 affidavit of support and income documentation closely to determine whether the beneficiary is likely to become a public charge. Factors that may be considered to make this determination include the total income of the petitioner, the joint sponsor, assets, resources, and general financial status at the time of filing.

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In this post, we discuss the top five reasons applicants are denied at their citizenship interview.

First let’s go over some basics:

In order to become a United States Citizen, you must meet the following general requirements at the time of filing your N-400 Application for Naturalization:

 

You must be:

  • A lawful permanent resident
  • At least 18 years of age
  • Maintained continuous residence in the United States since becoming a permanent resident
  • Be physically present in the United States
  • Have certain time living within the jurisdiction of a USCIS office
  • Be a person of Good Moral Character
  • Have Knowledge of English and U.S. Civics with some exceptions outlined below
  • Declare loyalty to the U.S. Constitution

As part of the citizenship interview, applicants must pass a civics and English test in order to receive United States Citizenship. The Civics test is an oral examination provided in the format of Question and Answer by an immigration officer in which the officer tests your knowledge of United States history and government. During the Citizenship interview, the USCIS officer asks the applicant up to 10 out of 100 civics questions provided by USCIS on their website as part of the study material for the examination. Applicants must answer 6 out of 10 questions correctly to pass the civics portion of the naturalization test.

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