According to the immigration application data released by the U.S. Citizenship and Immigration Services (USCIS) for the Q1-Q3 quarter of FY 2023, we can observe that the I-140 approval rate for employment-based immigrants has decreased. Obviously, the approval rate of EB1, EB2 and EB3 immigration applications has decreased to varying degrees, among which the decline of EB1 and NIW, which are popular among Chinese people, is particularly obvious. However, for some applicants, even though the I-140 has been approved, they encounter "difficulties in changing green cards" or even refusal during the U.S. consulate interview or when filing the I-485 in the U.S. So, why is that?Why do some people have their I-140 petitions approved, but they may still be denied a green card?How do I deal with any problems I may encounter during the interview or I-485 filing?We'll go into more detail about these issues today.
1.I-140 Approval ≠ Green Card Received
The I-140 is an immigrant petition for alien workers, which is an immigrant petition petition filed with the U.S. Citizenship and Immigration Services. The employment-based immigrants that need to complete and submit the I-140** include EB-1 Aliens of Extraordinary Ability, EB-2 Skilled Workers (including NIW immigrants), and EB-3 Skilled Trades Workers.
Although the I-140 approval means that some progress has been made, there is still a "adjustment of status" process required to obtain a green card. Domestic applicants must be reviewed by the National Visa Center (NVC), followed by a medical examination and an immigrant visa interview at the U.S. Consulate in Guangzhou before they can receive their green card in the United States.
Applicants in the U.S. are required to file an I-485** for adjustment of status. The I-485**, or "Application to Register Permanent Residence or Adjust Status," is an application for adjustment of status and adjustment of permanent resident status**. This ** requires immigration applicants in the U.S. to provide biographical information to USCIS to review whether they meet the residency requirements and adjust their immigration status.
While in the past the approval of the I-140 has usually meant that a green card is in sight, in the past year, there have been challenges with green card transfers that have clearly focused on certain categories of applicants.
2.The "problematic" factor at the green card transfer stage
Although the interview and I-485 hearings are mainly based on the formalities of the applicant's materials, the following circumstances may lead to the applicant being AP or even denied a visa:
Falsification of materials
Immigration applicants are strongly warned not to get involved in the road of "material fraud", because the consequences are very serious. According to the USCIS trial standards, the USCIS became suspicious of the falsification of the Chinese applicant's materials, and began to emphasize the authenticity of the applicant's materials during the interview stage. As a result, many AP and eventual refusals often stem from falsified documents.
For example, some immigrant applicants do not meet the requirements of EB1A immigration, but the I-140 submitted is over-packaged by the agency, and there is a lot of moisture in the application materials, and even there is a "graft" of professional background. Some applicants do not even know what materials they submit for their I-140 petition, and the materials submitted do not match their own circumstances, which becomes the main reason for the difficulty of changing green cards.
There is an "element of insecurity".
For applicants who have gone through the interview process, the official statement given by the Cantonese Consulate is that the visa administrative review is mainly used to eliminate "insecurity factors". Generally speaking, the "insecurity" here mainly includes the applicant's complex resume, sensitive occupation and professional research direction, and may involve behavior that violates the relevant "immigration tendencies". For applicants who transfer status within the U.S., leaving the U.S. while the I-485 process is considered a waiver of status if they do not apply for an I-131 advance advance application for a U.S. re-entry permit.
The interview answers do not match the materials
During the interview, the USCIS will ask questions about the submission of the immigrant application, the submission of the application**, and the plan to travel to the United States. If the applicant's answers are inconsistent with the documents shown, or if the applicant is unable to provide the documents that the immigration officer needs to see, it may result in a visa refusal.
For applicants who file an I-485 in the U.S., most of the time they can be passed without an interview, but an interview is still possible. USCIS will determine whether an interview is required after reviewing the I-485 petition. If an interview is required, applicants must attend the interview at the time and place notified for the interview.
3.How to avoid various "problems" in the green card transfer stage?
The documents submitted must be truthful
In the I-140 stage, the immigrant petition must be true and reliable. If you exaggerate the application just to pass the I-140 in the early stage, causing the application materials to deviate from the applicant's real image, it is easy to be denied a visa at the interview stage. Even if you are lucky enough to get a green card, you will have "endless troubles", and once you find that the materials are fraudulent, you may be canceled and deported at any time.
Copywriting should be "coherent".
In addition to the authenticity of the materials at the I-140 application stage, there are also materials related to NVC and interviews, including nonimmigrant visas that the applicant and his or her spouse have applied for in the past, such as B1B2, F1, J1, etc. When applying for these visas, fill in the complete work history and education experience, and it is necessary to ensure that the information filled in is accurate, otherwise it may affect the consistency of the later materials.
In addition, it is worth noting that with the popularity of cross-border information sharing, in addition to the United States, the applicant's visa records in the United Kingdom, Australia, Canada and other countries will become a reference for review.
Pay attention to the interview
At the interview stage, the applicant must prepare all the supporting documents. In addition to the approval letter, passport, medical examination report and police clearance report, if there is a spouse and children, materials proving the authenticity of the family relationship, such as marriage certificate, birth certificate of the child, etc., must also be provided.
In addition, during the interview, the immigration officer's questions mainly focus on the immigrant application submission materials, application**, and plans to go to the United States. The principle of answering questions is to be realistic and answer questions related to the basic information on I-140** and DS260**, such as education history, work history, etc.
Questions for Dependents
The spouse and children under the age of 21 can obtain a green card at the same time, but this is not a 100% certainty. After the main applicant is approved for a green card, there may still be situations where the dependents are AP or denied. This is because once in the NVC, the primary and secondary applicants will be treated as independent individuals.
The main reason for this situation is that, in addition to the above-mentioned false and incoherent materials, the secondary applicant may have the following situations:
Professional and work experience in sensitive areas;
Personal physical condition;
Have a criminal record in the past;
or other factors that affect the issuance of immigrant visas to the United States, such as J1 visas.
To sum up, the above is the main content for today. However, immigrant applicants do not need to worry too much about being denied a green card after the I-140 is approved. If you want to plan immigration, you must first determine whether you are eligible for U.S. immigration, choose a suitable immigration program, and then make a reasonable application plan.