Do you know anyone not approved for green card, why? (interview, marriage)

[mimi808]

I'd like to know the reasons one would not be approved for a green card even when approved to work in the US. Thanks!

[chilaili]

Have you received the notice of denial? It should state on there the reasons why an application has been denied and what you might be able to do next.

[mimi808]

We have not had the interview yet but I was just wondering why people are denied. How long does it take to get the approval/denial letter after the interview?

[chilaili]

I would imagine there are a myriad of reasons: background checks that didn't check out, false or missing information on the application, missed deadlines, etc. Altho if you've got as far as the interview I would've thought any of these would've been mentioned by now.

[Kellem]

I know someone who married a U.S. citizen, and a about 1.5-2 years down the line the U.S. citizen was diagnosed with cancer. She was not able to make it to the interview due to medical reasons, and the USCIS officer determined that it was a sham marriage. They had to get a lawyer to how proof that they were still together (pictures, bills, references, etc.).

[Jaggy001]

Originally Posted by mimi808

We have not had the interview yet but I was just wondering why people are denied. How long does it take to get the approval/denial letter after the interview?

depends on whether you do in-country or consular processing. I did consular and got the approval there and then.

[Penguin_ie]

Not all work visas will lead to green cards.
Usually they tell you at the interview that you have been denied.

[mimi808]

So if you're denied, deportation is next? How long do you have to leave the US?

[ForumUser]

Originally Posted by mimi808

So if you're denied, deportation is next? How long do you have to leave the US?

Usually it's 2 weeks. You will have to sell your house, car and other assests. Take care of your childrens school situation, health situation etc.

[sponger42]

Originally Posted by mimi808

So if you're denied, deportation is next? How long do you have to leave the US?

Can you tell us what your GC application is based on? Work? Marriage? It doesn't help you if we detail the rejection process for a sham marriage if you're talking about converting a dual-intent work visa.

In general, PO'ing the wrong people can get a legitimate application denied. The interviewer is one of those people.

Generally you can appeal a denial. You can (not may) stay in the country during the appeal, though you may be legally "out of status" and considered a visa overstay at that point. There is no tangible penalty for overstays up to 6 months beyond your required departure date (which may be as early as the day of the denial).

Beyond 6 months, if you stay in the US out of status, you will be barred from re-entry for 3 years. A 12 month or more overstay will get you barred for 10 years. Any overstay at all may net you a more aggressive interview in future GC applications and difficulty getting tourism or work visas in the future.

Deportation can occur to you if you are in any non-legal status, but generally the agencies responsible for deportation spend their time chasing after real non-legal-status criminals and not bothering with overstays with an otherwise clean record. Don't count on this being the case for you, but recognize that it is the way the system works, in general.

Filing an appeal of a GC denial can lead to deportation proceedings as you are increasing your visibility to USCIS. Then again, it can lead to a GC if your case is legitimate.