Reasons for Denying a Green Card after Issuing an EAD

Upon issuance of the Employment Authorization Document (EAD), many individuals remain optimistic about their path to a Green Card, or Permanent Residency. However, there are certain circumstances that may result in denials even after receiving an EAD. This article explores the most common reasons for Green Card denial following the issuance of an EAD, along with other critical factors that may impact an immigrant's journey to residency.

Unauthorized Employment or Inability to Prove Entry with Inspection

The most frequent reason for Green Card denial after EAD issuance is unauthorized employment or inability to prove a legitimate entry with proper inspection. This issue is particularly prevalent in employment-based cases, where maintaining lawful status is crucial. Employers often play a significant role in this verification process. If an individual has worked without authorization during their EAD period, it can lead to severe consequences, including Green Card denial.

For instance, if an individual works for an employer who later faces financial troubles or is unable to support them, the individual may find themselves in a situation where their Green Card application is denied. Additionally, if an individual cannot provide proof of their legal entry and inspection, this could also lead to a Green Card denial. It is crucial for immigrants to ensure they have all necessary documents and proof of their entry into the United States.

Employer's Financial Stability or Loss of Employer's Support

In employment-based Green Card cases, the employer's ability to pay and continue supporting the employee is a critical factor. If the employer's financial stability takes a drastic downturn, the employee's Green Card application may be jeopardized. Employers play a significant role in sponsoring and supporting their employees during the Green Card process. If the company faces financial difficulties or goes out of business, the employer's support for the employee's application may be terminated or weakened, leading to a denial.

Previous Criminal History or Immigration Issues

A criminal record or negative immigration history can also contribute to a Green Card denial, even after issuing an EAD. If an individual has prior arrests or convictions, they need to address these issues with the appropriate legal counsel. Immigration laws in the United States are stringent, and applicants with a blemished record may face scrutiny during the application process. A qualified immigration attorney can provide guidance on how to navigate these challenges and improve the chances of a successful Green Card application.

Current Quota Status and Visa Category

Another essential factor in the Green Card application process is the quota status in the individual's visa category. If the quota for a certain visa category is not current, individuals may face delays or denials in their Green Card applications. The Green Card lottery (Diversity Immigrant Visa) also has its own quotas, and being outside these quotas can further complicate the process.

Understanding Green Card Eligibility Criteria

Applicants for Green Cards typically qualify under one of several categories: employment-based, family-based, investment-based, or asylum. Each category has its specific eligibility requirements. To meet these criteria effectively, it is crucial to understand the nuances of each category and ensure that all necessary documentation is in order. Meeting the eligibility criteria is the most critical step in the Green Card application process, and it often determines the outcome of an application.

In conclusion, while receiving an EAD is a significant milestone in an immigrant's journey to residency, it does not guarantee approval for a Green Card. Various factors, including unauthorized employment, employer's financial stability, criminal history, and current quota status, can influence the outcome. Seeking professional legal advice and ensuring all requirements are met can significantly improve the chances of a successful Green Card application. Best of luck to all those navigating this complex process!