Top Five Reasons Why Your United States Immigrant Visa Might Be Denied

If you are a Carson City area resident in the process of applying for an American visa in order to immigrate permanently to this country, you are probably familiar with the stress, worry and uneasiness that this type of application procedure can cause. After all, visas are denied all of the time to kind and honest people, seemingly without cause – could it happen to you?

The answer is yes – but a good Carson City immigration attorney will be able to guide you through the system and dramatically increase your chances of success.

Visa denial reasons are known in the legal system as “grounds of inadmissibility” and knowing in advance if you might fall afoul of any of these circumstances can truly help your success rate, as it will allow your immigration lawyer to prepare.

As of 2012, these are the top five reasons why visa applications to the U.S. were denied. 

  1. Application does not comply with provisions of law or regulations – Errors, misunderstandings and mistakes are the number one reason why applications get denied – in order to decrease the odds of this happening to you, you need to consult with a skilled immigration lawyer.
  2. Labor certification – Many people dream of finding a great job in the United States and having their employer sponsor them for an immigration visa. This is a great idea in theory, but very rarely succeeds (as of 2012, the failure rate was 97%!). Your employer will have to demonstrate that no American citizen could fill the role that you are occupying – with over 320 million people in the U.S., this is very difficult to do.
  3. Unlawfully present 365 days or more – If you have been in this country unlawfully for over 365 days (or more), do not give up hope, but definitely get a great immigration attorney on your side. There are waivers available to cure this ground of inadmissibility. It is best to consult an immigration attorney before submitting any paperwork or departing the United States to attend an interview at a consular post abroad.
  4. Misrepresentation – Rule number one: do not lie! Even if you have to include some undesirable information, it is best to be completely honest in order to prevent being denied under the category “misrepresentation.” If you lie or misrepresent yourself or your situation and you are caught (and you will be caught) you will face an 80% denial rate. It is not worth the risk!
  5. Unlawfully present after previous immigration violations – If you have been caught in violation of immigration law in the past (i.e. you were ordered removed or deported and then tried to enter the U.S. illegally), you will need to wait at least ten years before even applying for permission to apply for another US immigration visa. With that said, some people do take a risk and apply again before the ten years is up – they are denied 100% of the time.

If you have an immigration-related question, or are seeking legal counsel then reach out to our team here, or call us at 775-453-4451.

Disclaimer: Information contained in the blog and in this website is provided for general informational purposes only. It is not legal advice nor does it create an attorney-client relationship.

5 Tips for Choosing an Immigration Lawyer in Carson City

If you are looking to hire an immigration lawyer in the Carson City area, there are a few things that you should consider as you go through your selection process.

One of the most common questions we get is, “do I need an immigration lawyer at all?” After all, you could save money by attempting this complex process on your own. If your case is fairly straightforward, this is something you could attempt to do without professional assistance – that said, there are some very good reasons why you should enlist the help of an immigration lawyer.

  • They can help you if any snags arise
  • They are experts at filling out forms and documents
  • They can provide you with ‘make or break’ advice
  • They can greatly improve your chances of success

If you are in the process of choosing an immigration lawyer in Carson City, here are some valuable tips that will help you to make an informed decision. 

  1. Ask your friends and family for references – One of the best ways to choose any service provider is to ask your Carson City area friends and family for their suggestions. If an immigration lawyer has done a fantastic job for someone you know, they should move to the top of your short list.
  2. Conduct a search on the AILA website – It is always good to search for a lawyer on the American Immigration Lawyers Association (AILA) website – this ensures that you are selecting a lawyer who is in good standing with the bar, and – most importantly – someone who cares enough about immigration law to belong to the national association. They can help you to find a lawyer or narrow your search.
  3. Compare fees – Now that you have narrowed down your choices to a few great lawyers, it is a good time to compare their fee schedules. Do they charge by the hour? Do they work on a flat fee? How much can you afford, and how much is a successful application worth to you and your family? These pricing factors may help you make your decision.
  4. Interview the lawyers on your short list – This is the perfect time to book a brief consultation with the lawyers on your short list – one of the best ways to make the final decision is based on how you get along with the individual and how you feel about their service in person.
  5. Check their credentials – The final step you should take before signing any contract or officially hiring your Carson City Immigration Lawyer? Check their credentials and ensure that they are currently licensed, in good standing and if they have ever faced a disciplinary action for misconduct.

Once you have gone through these five simple steps, it is time to hire your immigration lawyer. These tips will greatly improve your chances of success, and we wish you the best of luck in your endeavor.