If you realized that you made a mistake on an immigration application form you submitted you may wonder how to correct the situation. Please note, that this is something that will require your immediate attention.
Check to See If the U.S. Government Has Made a Decision on Your Application
If you catch your error early, before the U.S. government has made a decision in response to the form you filed, the mistake will be easier to rectify. An error pertaining to personal information of identification like the misspelling of a name, the wrong date of birth, forgetting to disclose an arrest or conviction are things that require rapid attention. If your mistake was more minor like inputting wrong numbers for a zip code, that might not be as big of a problem.
Correcting Errors Made on USCIS Forms
Before fixing a mistake on a form filed with the U.S. Citizenship and Immigration Services (USCIS), it is better to wait until a notice is issued by USCIS and received by the applicant. Once a notice is received a receipt number or other case identifier will make it much easier for one of the USCIS officials to find the form that was submitted. It is important to call the National USCIS Contact Center, clarify what happened and request to have your situation corrected.
Take note that if your situation is not sorted out within a couple of weeks, you will need to contact the USCIS office again. Understand that a delay on their part does not mean it was intentional as USCIS has tons of cases on hand.
Additionally, certain cases may require more than just a phone call to get the problem solved. Be sure to write down the receipt or reference number in case you will need to call again.
Certain mistakes are too great for the Contact Center to provide assistance with. Another contact route is to send a letter to the USCIS office that is handling the case, explaining the situation and how it needs to be corrected. Include a recently signed form. Be mindful that there are times when application forms get transferred between USCIS offices, so you might want to wait until you know the address of the office that will actually handle the matter at hand.
Rectifying Errors Made on Forms for Labor of Department
If an employer makes a mistake on a Labor Condition Application (LCA) that was submitted through the iCERT portal, they will not be able to edit the LCA form after it has been submitted. Withdrawing the form is an option but a new form will then need to be completed and filed again with the correct information.
A mistake made on a PERM Labor Certification Application cannot be corrected. Withdrawing the form with mistakes will need to be done and then resubmit a new LCA with the correct information.
Amending Mistakes Done Department of State Forms
Like the Department of Labor applications, most visa applications are completed online. If a mistake was made on a DS-160 Online application for a nonimmigrant visa, one can easily reopen the application from the Department of State’s database and enter the application ID and other required information. This needs to be done 30 days within submitting the DS-160 application
On the other hand, if an error is committed on a DS-260 online application for a permanent resident visa, the applicant will need the assistance of the National Visa Center (NVC) or the U.S. Embassy or Consulate.
It is recommended to solve the problem before attending an immigrant visa interview this way both the NVC and the U.S. Consulates are updated of the changes that need to be made.
Have an Immigration Lawyer Help You
Filing an immigration petition alone without knowing what to do can put an applicant at risk of getting a denial and zero chance of obtaining a U.S. government benefit. Ask an attorney to help you complete your application forms. Do not hesitate to call Gambacorta Law Office at 847 443 9303 to get the help you need so as to avoid getting a denial.