Immigration attorneys report that even minor traffic violations are increasingly scrutinized during green card and visa application processes, leading to unexpected delays and denials.
Immigration attorneys are observing a troubling trend in the scrutiny of applicants’ past records, particularly concerning minor infractions that many believe are no longer relevant. Lawyers are advising applicants to disclose and document even seemingly minor violations, as issues from years ago can resurface during immigration reviews.
The phrase “history forgives no one” resonates strongly in the context of immigration applications. A number of immigration attorneys have noted an alarming pattern during change-of-status and other immigration proceedings: minor violations from years past are re-emerging during reviews of visa applications, green card petitions, and naturalization requests.
A change of status allows a nonimmigrant visa holder to apply to switch from one temporary visa category to another. Increasingly, attorneys report that even minor infractions from an applicant’s past can lead to delays, requests for additional evidence, or outright denials.
Rekha Sharma-Crawford, a partner and managing attorney at Sharma-Crawford Attorneys at Law in Kansas City, shared a concerning case involving a physician with exceptional abilities whose green card application was denied. The denial was attributed to two traffic violations among other issues.
Sharma-Crawford explained, “In this straightforward adjustment of status case, the medical doctor was denied a green card despite having served in underserved areas and having no criminal history. The individual had only two traffic tickets. The immigration system in the United States is fully dysfunctional.”
Although the U.S. Citizenship and Immigration Services (USCIS) acknowledged the physician’s professional achievements and employment history, it ultimately determined that several factors weighed against a favorable exercise of discretion. The agency cited the applicant’s traffic violations, missing documentation, the omission of a previously used legal name, and what it deemed an inadequate acknowledgment of the seriousness of the violations.
Immigration attorneys emphasize that routine traffic infractions may not, by themselves, justify the denial of a green card. However, such violations can attract greater scrutiny when considered alongside other concerns in an application.
This case suggests that USCIS officers are examining applicants’ overall records more closely and may regard even minor violations as part of a broader discretionary review process.
As heightened scrutiny appears to be becoming the norm, attorneys are witnessing an increase in cases where applicants with otherwise strong backgrounds face unexpected denials or requests for additional evidence. Sharma-Crawford confirmed this trend, stating, “The number of otherwise approvable cases that are being denied is increasing substantially. It’s as if there is some directive to USCIS officers to deny first and then figure out a way to defend the denial.”
Such cases can create anxiety among applicants who otherwise have clean records but worry that a minor, long-forgotten infraction could impact their application. Attorneys recommend that applicants be as truthful and thorough as possible to avoid unnecessary questions later. They also advise keeping records of all infractions, no matter how minor, and being prepared to provide details if an application faces additional scrutiny.
But could the current environment negatively impact H-1B professionals and employment-based green card applicants who have adhered to the rules and built their lives in the United States? Sharma-Crawford believes the uncertainty is already taking a toll. “The level of anxiety and stress right now for those who are subject to the whims of the Department of Homeland Security (DHS) is at an all-time high.”
Perhaps the key takeaway for visa and green card applicants in this current climate is that full disclosure, meticulous recordkeeping, and a thorough understanding of any past encounters with the law can be just as crucial as their primary credentials. Being prepared with complete and accurate information may help applicants navigate the review process more smoothly.
The information presented here is based on insights from immigration attorneys and reflects the evolving landscape of immigration scrutiny.