What If Your Spouse’s Immigrant Visa (Green Card) is Denied?

For years, Middle Village has been a welcoming community for immigrants from Latin America, Poland, and Ireland due to it’s relatively affordable housing market. Where there is an influx of immigration, it naturally follows their will also be issues pertaining to the denial of a spouse’s immigrant visa Green Card).

If you are married to a non-citizen of the United States, and your husband or wife was refused an immigrant visa or green card that you and your spouse had applied for based on that marriage, you are probably shocked and upset. The sad truth of the matter is, however, that marriage to a U.S. citizen or lawful permanent resident gives an immigrant the right to apply for a U.S. Green Card (lawful permanent residence) — but offers no guarantee that the green card will be granted.

What to do next will depend on the reason for the denial and which U.S. government office was handling your application.

Understanding the Reasons for the Denial

You probably have some idea of why the case was denied. It’s uncommon for the immigration authorities to deny a case outright. Usually, they’ll first tell you something like, “It appears that the applicant is inadmissible for health reasons — please go to this doctor for a follow-up exam,” or “We aren’t convinced that your marriage is bona — please provide us with additional documentation indicating that you are in a real, shared marital relationship.”

If you failed to do what was asked, or the follow-up evidence that you supplied either wasn’t enough or actually pointed to a reason for denial, then of course the case will have been denied. Maybe you’ve even come to the conclusion that your spouse is ineligible for the coveted Green Card.

But the possibility also exists that the immigration authorities made a mistake. U.S. immigration law is extremely complicated, and any lawyer can tell you stories about cases that should have been granted and were not — sometimes for inexplicable reasons, or where it appeared that the decision maker just overlooked some of the evidence. Also, laws change — so, for example, you could have been denied because you are in a same-sex marriage before the 2013 Supreme Court decision overturning the Defense of Marriage Act, but same-sex marriages now qualify non-citizens for immigration benefits (if they are legally recognized in the state or country where they occurred).

In cases where you believe a mistake was made, you’ll probably want to take follow-up measures, as described below.

Denial at the U.S. Consulate

If your spouse applied for an immigrant visa (the entry document used to claim lawful permanent residence) at a U.S. consulate or embassy in his or her home country, and the case was denied, then no direct appeal is available. However, in some cases your lawyer may be able to request an advisory opinion on the case from the State Department’s Visa Office in Washington DC, and then use that to request that the consulate grant the immigrant visa after all.

In many other cases, however, the best bet course of action is to figure out what went wrong the first time and then reapply, making sure to correct the earlier problems.

Denial of Adjustment of Status in the U.S

If your spouse applied for a green card at an office of U.S. Citizenship and Immigration Services (USCIS) within the United States, then no direct appeal is available. However, your attorney may be able to request that the case be reopened, especially if you can supply new information that is likely to change the earlier decision. Here again, reapplying may also be an option, once you’ve figured out what went wrong the first time and how to correct it.

The situation will be different, however, if your spouse is in the United States without a valid visa. In that case, after the denial, he or she may be placed into removal (deportation) proceedings. There, you will need to present the entire application to an immigration judge, as well as testify and (if you like) call witnesses. Hopefully you will persuade the judge to grant the Green Card after all.

Get Advice From a Lawyer

An experienced Queens Green Card & immigration lawyer can assist you with filling out the requisite paperwork for your spouse and advocate on his or her behalf. If applying for adjustment of status, the attorney can also accompany you and your spouse to the green card interview (the required last step in the process) and help clear up misunderstandings and make sure the USCIS officer isn’t overlooking important information in your application.


Svetlana Prizant of Prizant Law is an award winning Green Card & Immigration attorney in the Middle Village area. She is the Middle Village Blog immigration law contributor. Call her today for help with any naturalization related issues at (718) 407-0871 .

Succesful immigration law deal for Green Card

Roadway restoration in Middle Village on these streets next week

Screen Shot 2018-07-05 at 5.15.02 PM

The combined sewer and water main project on Penelope Avenue has produced many headaches for local residents.

This upcoming week, curbside parking and driveway access will be restricted due to roadway restoration. These following streets will be affected:

  • 77th Street between Juniper Valley Road and Gray Street;
  • 75th Street between 66th Drive and Juniper Valley Road;
  • Gray Street between 66th Drive and Juniper Valley Road;
  • Juniper Valley Road between 77th Street and 75th Street.

DDC advises residents to remove their vehicles from their driveways before 6 a.m.

If your car is towed, call the field office at 718-326-3840 or the 104th Precinct.

Next Community Board meeting scheduled for 7/11

community-board

The next Community Board 5 meeting will take place at 7:30 p.m. on Wednesday, July 11.

The meeting will take place in the CNL CENTER on the 3rd FL, Door # 10, at Christ the King High School (located at 68-02 Metropolitan Ave. in Middle Village).

The Agenda for this month’s meeting includes the District Manager’s report as well as committee reports from park services, environmental services and transportation & public transit services.

Please enter the building from the rear parking lot through Door #10 – under the first Red Awning – on the back of the building.

Movies Under The Stars

Next Tuesday, July 3rd, is movie night and it’s 100% FREE!

From 8pm-10pm, Juniper Valley Park will be showing the classic Edward Scissorhands film.

A little bit about the movie:

A fantastic modern day suburban fairy tale. Edward’s unconventional charm is soon discovered as he styles hair, gardens and grooms dogs with the shears of metal where his fingers should have been.

Plan ahead:

  • Arrive early to secure a good spot
  • Bring a blanket to sit on and a sweater if it gets chilly out
  • There are limited amounts of chairs to sit on
  • There are no reservations, it is first-come first-served!

Everyone is welcome! Enter through the 78th street entrance.

For more information visit:

https://www.nycgovparks.org/parks/juniper-valley-park/events/2018/07/03/movies-under-the-stars

 

16th Annual Relay for Life this weekend

6FG5_IMG_6007

This Saturday, the American Cancer Society will host its 16th annual Relay for Life of Middle Village in Juniper Park.

The event, which celebrates the life of those affected by cancer and raises money to support American Cancer Society programs, will kickoff at 4 p.m.

Event Schedule:

Set-Up : Saturday, June 23 ,2018 at 10 a.m. (Volunteers Needed!)
Registration: 3 p.m.
Opening Ceremony and Survivor’s Lap: 4 p.m.
Luminaria Ceremony: 10:00 p.m.
Closing Ceremony: Sunday, June 24, 2018 at 7 a.m.
Clean-Up Ends: Sunday, June 24, 2018 at noon.

For more information or to register, send an e-mail to relaylogisticsmv@aol.com
or call 718-886-8890 or carol.palacio@cancer.org 718-517-3206

Join Our Lady of Hope for Catholic School Night!

 Celebrate Catholic School Night !

Come join the fun as the Brooklyn Cyclones play the Lowell Spinners on Monday, June 25. Special Field Box Seats are $10. There will be an Award Ceremony for Valedictorians and Salutatorians from the Catholic Academies & Schools.

Arrive Early: There will be a PRE-GAME “Collars vs. Scholars” – Priests vs. Principals at 5:45 pm.

For more information please call JoAnn DiNapoli at 718-517-3131. Free Brooklyn Cyclones baseball cap, if the ticket is purchased through the link go to: brooklyncyclones.com/dob

Screen Shot 2018-06-12 at 11.17.56 AM

Our Lady of Hope is located at 61-27 71st Street, Middle Village.   718-429-5438

MCU Park is located at 1904 Surf Avenue, Coney Island.