Common Reasons for Residency Denial & Potential Waivers

Arriving and being able to stay in the U.S. requires legal authorization from the U.S. federal government. Beyond the time allowed for a temporary visa, an immigrant needs to have been approved for residency status, which allows permission to stay indefinitely until the government decides otherwise.

The Application

Thousands of people every day ask for residence, and thousands more are processed and granted residency approval every year. This is made physically visible with what is commonly known as a “green” card, the identification provided to a resident to show legal status in the U.S. However, while the government makes this possible, many others are denied residency for a variety of reasons. These factors include:

  • No basis for eligibility
  • Inadmissibility due to not applying correctly
  • Former illegal activity, support or participation in spying or military activities deemed a risk to the U.S.
  • Parties that have the potential to be a risk to the U.S.
  • Financial inability to support oneself and family
  • Health reasons that could create a risk
  • Prior immigration violations
  • Prior or current criminal status

The Odds of Denial

Denial is not rare or unique. In fact, almost one out of ten applications get rejected. In 2018, for example, almost 836,000 applications were filed and close to 53,000 were denied outright. Out of the 334,000 plus family applications, almost 39,900 were rejected as well. The latter group, in theory, should have more of an advantage in the process, already being related to someone who was an existing resident or a U.S. citizen.

Understanding Immigration Control Context

The confusing part about being denied residency is that the factors often involve who the person is versus what they put on the application. Unlike many of the applications one does in life for a loan or for school or for employment, the residency application is very much background and person-based versus merit or skill-based. As a result, it includes criteria people generally aren’t used to be evaluated by.

Fluidity is Possible in Some Denial Areas

Some of the factors that can trigger deniability, such as financial issues or health, can be challenged or overcome. The financial criteria generally tend to be that a resident needs to be able to produce income at least 125 percent above the U.S. poverty threshold to support oneself and family without assistance. An applicant might think at first this is not doable, but with some reconfiguration of finances and assets, the picture can be changed dramatically to qualify. So, the financial factor is fluid and flexible, depending on what an applicant is willing to do and provide as proof of eligibility.

The health factor involves the applicant submitting to a medical review by a federal government-identified physician. This avoids any subjective reporting of health concerns. The key factor is that the applicant is not bringing in a public health risk that could easily spread, a dangerous mental health problem, or a dangerous physical condition that can harm others. However, all of these factors can be overcome and challenged with recent medical exams countering the government’s physicians.

Qualified Legal Help Makes a Huge Application Difference

The Espinoza Law Offices work regularly with the immigration and residency application process, providing assistance to clients, particularly in challenging cases. Whether one is remote and needs an online immigration lawyer or is already facing hearings and needs a deportation defense lawyer, our offices provide active immigration lawyers Lakeland FL resources to resident applicants. We also can help if you need immigration attorneys Tampa FL support as well. We can include the expertise of a family immigration lawyer as well as regular residency legalities as well. No one has to go through the residency application process alone and give up to a denial if it can be avoided. We can be that immigration lawyer near Tampa Bay that helps you succeed.