info@kasturilaw.com

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630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Applying for a green card can be life-changing, but it’s not always smooth sailing. Many applicants face challenges that can delay or even derail their journey to permanent residency.

Understanding how to tackle these hurdles can make all the difference, whether dealing with waivers for eligibility issues, responding to a Request for Evidence (RFE), or navigating a denial.

Our founding attorney, Shobhana Kasturi, brings over 27 years of legal experience, including over a decade dedicated to helping individuals and families across Illinois understand these common challenges and explore how to overcome them.

Green Card Application

Understanding Waivers and When They’re Necessary

Waivers can come into play if you have certain factors that might make you ineligible for a green card, such as prior immigration violations, criminal convictions, or health-related issues. These waivers ask the U.S. government to “forgive” those issues based on specific circumstances.

For instance, if you overstayed a visa or entered the U.S. unlawfully, you might need an I-601A Provisional Unlawful Presence Waiver. This waiver demonstrates that your removal would cause extreme hardship to a qualifying relative, such as a U.S. citizen spouse or parent.

The key to a successful waiver application is thorough preparation. You’ll need to provide compelling evidence, such as medical records, financial documents, or affidavits, to show the impact of your situation. Working with our experienced immigration attorney can ensure your waiver request is well-documented and persuasive, giving you the best chance of success.

Handling Requests for Evidence (RFEs)

Receiving an RFE from U.S. Citizenship and Immigration Services (USCIS) can feel unsettling, but it’s not necessarily bad. It means USCIS needs more information or clarification before deciding on your green card application.

RFEs might ask for additional proof of your relationship with a sponsor, evidence of financial stability, or clarification of inconsistencies in your application. The important thing is to respond promptly and thoroughly.

For example, if you’re applying for a family-based green card, an RFE might request more evidence of your bona fide marriage, such as photos, joint bank account statements, or affidavits from people who know you as a couple. The response must directly address the request and include clear, organized documentation.

It’s easy to feel overwhelmed by an RFE, but it’s also an opportunity to strengthen your case. Our attorney can help ensure your response is comprehensive and addresses every question USCIS has, reducing the risk of further delays.

Facing and Overcoming Green Card Denials

A green card denial can be devastating, but it doesn’t always mean the end of the road. USCIS denials can happen for various reasons, such as missing documents, ineligibility, or errors in your application.

The first step after a denial is understanding why it happened. USCIS will issue a notice explaining the reason for the decision. Sometimes, the issue may be something you can correct by reapplying or providing additional evidence.

For example, if your application was denied because of insufficient financial documentation from your sponsor, you might be able to submit updated financial records and reapply.

In other cases, you may need to file an appeal or motion to reopen/reconsider the decision. This is where having legal representation is especially valuable. Our attorney can analyze your case, determine the best action, and represent you during the appeal process.

Green card applications can be complex, but challenges like waivers, RFEs, and denials don’t have to derail your journey to permanent residency. By understanding the process, gathering the proper evidence, and seeking professional support, you can overcome these obstacles and move closer to your goal.

Contact Our Immigration Lawyer at Kasturi Law, LLC Today

If you’re having trouble with your green card application, don’t go it alone. Contact our immigration law firm today for personalized assistance and peace of mind throughout the process. Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes.