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Can My Spouse’s Immigration Visa Be Denied?

A spouse of a U.S. citizen or lawful permanent resident can apply for a green card, but it does not guarantee approval. Our Virginia immigration team provides insight into possible reasons for a green card denial and what you can do next.

Reasons for Denying a Spousal Visa

U.S. immigration authorities will typically offer a brief explanation for the denial when denied a visa. Whether it was based on inadmissibility for health reasons or the marriage is not considered bona fide, you may feel as though your spouse is simply ineligible for a green card, but this is not always the case. Below are common reasons for spousal visa denials and how an immigration attorney can help.

Inadequate Documentation

When applying for a spousal visa, it is crucial that you and your spouse can provide documentation proving the marriage is bona fide. If USCIS believes your marriage was entered solely for immigration purposes, your visa may be denied.

Denial at the U.S. Consulate

If you and your spouse live abroad, you must attend an interview at the nearest U.S. consulate before a visa can be issued. If either you or your spouse fails to participate in the interview or USCIS believes you are not eligible for a green card, your visa may be denied.

Denial of Adjustment of Status

If you and your spouse are already living in the United States on a different type of visa, you may be eligible to file for a green card without having to leave the country. Suppose your application for adjustment of status is denied. In that case, it may be because USCIS believes that you are ineligible for a green card or that you did not provide adequate documentation.

Mistakes Made by Immigration Authorities

Another common reasons a spousal visa is denied is because of an error committed by U.S. Citizenship and Immigration Services (USCIS) or a U.S. embassy or consulate abroad. If you believe the denial was issued in error, an immigration attorney can help you file an appeal or a motion to reopen or reconsider the case.

Contact Our Immigration Team Today

During the green card application process, any mistake or discrepancy in documentation can result in a denial. Yacub Law Offices is experienced team can help guide you through the family immigration process so that nothing impedes your chances of obtaining a green card.

Fill out our online contact form or call +1 703 533 2347 to schedule your consultation!

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