Reasons That May Influence The Denial Of An I-130 Petition and How To Avoid Them

U.S. Citizenship and Immigration Services (USCIS) adjudicates thousands of I-130 applications annually. There are many factors that affect a denial and these vary but in most situations are avoidable.

A lot of times United States citizens or lawful permanent residents file Form I-130, Petition for Alien Relative, to assist in bringing a family member to immigrate to the U.S. Generally, it is the first step in the family-based immigration system for helping that relative get a green card. If USCIS does not approve the I-130 visa petition, each applicant will need to understand the reason before starting all over again. One of the best ways to avoid an I-130 denial is to understand the eligibility requirements and prepare a complete and precise application.

Probable Reasons for An I-130 Denial

USCIS may have many motives as to why they issue an I-130 Petition. In many situations, USCIS will provide the applicant with a chance to fix the problem before they deny an application. An opportunity to make amends on an application will delay the process and may require an additional expense to resolve the problem. Five of the most common grounds for an I-130 denial are:

  • Lack of Information - If the applicant provided insufficient information for USCIS to adjudicate a form they might deny the I-130 Petition. There is a probability that USCIS will issue a Request for Evidence (RFE) before the I-130 denial requesting for additional supporting documents. Anyone who fails to respond to the RFE or does not provide enough information, USCIS will deny the visa application.

Additionally, the quality of every document is important. Poor and illegible copies of documents and foreign documents that do not have a certified translation and any document that does not come from an official government source is a probable cause for a denial from USCIS.

  • Eligibility - Anyone that is not eligible to submit a petition or if the beneficiary does not have an eligible family relationship may get their visa application rejected. Relationships must fall into either the immediate family or family preference categories. Before filing, ensure that the relationship with the intending immigrant qualifies. Normally, this is a direct requirement, but it can get more complex with adoptive and step relationships
  • Failure to Prove Family Relationship - Only a U.S. citizen, U.S. national or lawful permanent resident (green card holder) may file a Form I-130. Every petitioner must provide proof of their status by providing a copy of their birth certificate, naturalization certificate, certificate of citizenship or U.S. passport when submitting their petition. Legal permanent residents can provide a copy of their U.S. green card
  • An Error Made By USCIS - Unfortunately, USCIS does make mistakes that cause petitioners and beneficiaries heartache. This can cause the loss of time and money. Even though everything was done correctly USCIS has been known to make errors and can sometimes overlook the facts or lose documents. As a petitioner make sure that everything is organized and that accurate information is provided

See An Immigration Lawyer

To avoid getting a denial for an I-130, Petition for Alien Relative for any of the reasons listed above consult with an immigration attorney. Call Gambacorta Law Office today at 847 443 9303 to schedule a consultation.