Filing an I-130 petition for a family-based green card is an important step towards securing lawful permanent residency for your relative. However, each year, USCIS rejects thousands of I-130 Petition applications for reasons that could have simply been avoided. Few things are more heartbreaking than seeing a loving family separated by a denied immigration petition. For many, the I-130 denial brings additional months of loneliness, waiting, financial strain, and emotional stress. The worst part is that most rejections happen because of unnecessary mistakes could have been prevented with the right preparation and legal counsel.
Whether you are just starting the process to file your I-130 petition or you are facing a denial, getting help from an experienced immigration attorney as soon as possible is the key to a successful application. Continue reading to learn more about the common reasons I-130 petitions get denied (and how to avoid them.)
A Brief Overview of the I-130 Petition
Under U.S. immigration law, certain U.S. citizens and green card holders (aka lawful permanent residents) can help close family members immigrate to the United States by filing a Form I-130, the “Petition for Alien Relative”. There are two main groups who can qualify under this petition. The first classification is the “Immediate Relatives of U.S. Citizens” and includes a U.S. citizen’s spouse, unmarried children under 21, and parents (if the U.S. citizen is at least 21 years old). This category is the fastest to process because there is no annual cap on visas. The second group is the “Family Preference Categories”, which are processed in a priority order and have annual visa limits. These include unmarried adult children (21 or older) of U.S. citizens (F1); spouses and minor children of green card holders (F2A); unmarried adult children of green card holders (F2B); married children of U.S. citizens and their families (F3); and brothers and sisters of U.S. citizens, plus their spouses and minor children (F4).
Common Reasons I-130 Petitions are Denied and What to Do If You Receive a Denial
Unfortunately, USCIS denies thousands of I-130 petitions every year. Common reasons for denial include:
- Weak Proof of a family-based relationship: Petitioner must provide bona fides of the relationship for any family-based immigration case.
- Inconsistent details: Suspicions may arise over inconsistent details between forms, documents, and interview answers.
- Form errors: Basic errors include missing signatures, omitted questions, outdated forms, incomplete records, failure to submit correct filing fee.
- Ineligibility: Sponsored person doesn’t meet the visa eligibility requirements
When USCIS denies a I-130 Petition, they will send a written notice explaining the reason for the denial. It is crucial to read this carefully, as your next steps depend on why the petition was not granted. If you believe the decision was made in error, you may be able to file a Motion to Reopen or Reconsider, by providing new evidence or clarifying existing information. If the issue was incomplete or weak documentation, you can submit a new petition with stronger supporting evidence. In certain cases, you may also appeal the decision to the Board of Immigration Appeals (BIA), although this process will take longer.
If you have received a denial, then working with an experienced immigration attorney is going to be important to your immigration case. A lawyer can review the denial notice and identify the weaknesses in your application and help you prepare a stronger petition or appeal. Acting quickly is especially important, as deadlines strictly apply to motions and appeals. With the right guidance, many petitioners can overcome a denial and successfully move forward with the immigration process.
Contact Aspire Immigration for Help with I-130 Petitions
At Aspire Immigration, our law firm can guide you through every step of the I-130 process, whether you are filing for an I-130 Petition or if you are dealing with an unfortunate denial. Based in Dallas, Texas and serving clients worldwide, we have a proven track record of successfully helping families reunite in the United States. Contact us today to take the next step toward bringing your loved ones’ home.
