The I-130 Petition for Alien Relative is the first step in the legal process of helping a qualifying relative immigrate to the United States. Unfortunately, an I-130 petition can often be denied due to minor filing errors, a lack of relationship evidence, or serious allegations like marriage fraud. If your I-130 has been denied, you can still file a I-290B Notice of Appeal or Motion to challenge the denial. It is highly recommended to work with an experienced immigration attorney who can guide you through the process, ensure all requirements are met, and help protect your ability to successfully sponsor your loved one.
Reasons Why an I-130 Petition May Be Denied
The Form I-130 is used by U.S. citizens and lawful permanent residents (green card holders) to sponsor eligible family members to come live in the United States. Filed with U.S. Citizenship and Immigration Services (USCIS), the I-130 helps establish the qualifying relationship between the petitioner and their relative.
An I-130 petition may be denied for various reasons, many of which are preventable. One of the most common causes of denial is clerical or procedural mistakes. These include submitting outdated forms, failing to sign all required pages, not paying the filing fee, or forgetting to include supporting documents or bona fides such as marriage or birth certificates. Even small errors can delay or deny the petition.
Additionally, insufficient evidence of a qualifying family relationship can also lead to denial. It is essential to present clear and convincing documentation to prove the legitimacy of the relative or claimed relationship. For example, if you’re petitioning for a spouse, USCIS must be convinced that your marriage is real and not just for immigration purposes.
The I-130 can be denied under serious legal grounds, if USCIS suspects that a marriage was entered into fraudulently. Marriage fraud allegations are based on factors like providing false information, fraudulent documents, a lack of shared financial or residential history, or intentionally misleading immigration authorities for the purpose of obtaining immigration benefits. Furthermore, if USCIS determines that a marriage is fraudulent under Immigration and Nationality Act section 204(c), the petitioner may face a permanent bar from sponsoring any future immigrant petitions. Contact an experienced immigration attorney immediately if you believe your I-130 petition was denied.
What To Do If your I-130 Petition is Denied
If your Form I-130 petition is denied, USCIS will send you a written notice explaining the reasons for the denial. Fortunately, you may have options to challenge the decision by either filing an appeal or a motion to reopen or reconsider. Choosing the right path depends on the circumstances of your case.
To begin either process, you must file Form I-290B, Notice of Appeal or Motion. If you decide to file an appeal, your case will be reviewed by a different body. An appeal argues that the denial was due to a legal error or a misinterpretation of the facts already included in your original application. It does not allow you to submit new evidence. Instead, you must demonstrate that USCIS misapplied the law or policy. Appeals are complex and typically require strong legal arguments supported by citations to immigration law or relevant precedent, making the help of an experienced immigration attorney essential.
On the other hand, a motion to reopen is a request for USCIS to review the case again based on new facts or evidence. For this, the same USCIS office that issued the denial will reexamine your petition. The motion must clearly present new information along with supporting documentation, such as affidavits, updated records, or newly discovered evidence, that proves your original petition should have been approved.
Contact Aspire Immigration For Help With Your I-130 Denial
At Aspire Immigration, we’re dedicated to providing knowledgeable and compassionate legal support. If your I-130 petition has been denied, you may still have the opportunity to appeal the decision, but it is time-sensitive and requires careful preparation. The stakes are high, especially if the denial affects your ability to reunite with family in the U.S. Seeking guidance from an immigration lawyer can improve your chances of a successful outcome, ensuring that your submission meets all legal requirements. Contact us today for guidance with your I-130 denial.
