Reasons for I-130 rejection and how to avoid it Us Immigration

Reasons for refusing I-130

The U.S. Citizenship and Immigration Service (USCIS) rejects or rejects thousands of I-130 petitions each year. The reasons for an I-130 rejection are different, but in most cases avoidable.

U.S. citizens or permanent residents submit Form I-130 (Petition for Alien Relative) to help a family member immigrate to the United States. This is the first step in the family-based immigration system to help this relative get a green card. If USCIS rejects your I-130 visa application, you need to understand the reason before you can start over.

The best way to avoid I-130 rejection is to understand the admission requirements and prepare a full and accurate petition.

Possible reasons for rejecting I-130

There are several reasons why USCIS can decline Form I-130, Petition for Alien Relative. In many cases, USCIS gives you the opportunity to fix the problem before a rejection notification is issued for the petition. However, this leads to a considerable delay in the process and may require additional costs to fix the problem. Five of the most common reasons for I-130 rejection are:

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Inadequate information

If you have not provided USCIS with enough information to make a decision, your Form I-130 may be declined. Most likely, USCIS will issue a Request for Evidence (RFE) prior to I-130 denial. If you do not respond to the RFE or do not provide an appropriate response, USCIS may reject the visa application at that time.

The quality of the document can also cause a problem. USCIS can reject poor photocopies of evidence. Foreign language documents must be accompanied by a certified translation. If the birth or marriage certificates you submit are poorly photocopied and difficult to read, have not been translated, or are not from an official government source, USCIS may reject the petition.

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If you are not authorized to file a petition or the beneficiary does not have a legitimate family relationship, the I-130 petition will be rejected. Relationships must either fall into the categories of immediate relatives or family preferences. Before submitting, make sure that your relationship with the intended immigrant is qualified. In general, this is a simple requirement, but it can get more complicated with adoptive and step relationships.

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Failure to prove petitioner status

Only a US citizen or legal resident (Green Card holder) may submit Form I-130. Therefore, the petitioner must provide proof of his status when submitting the petition. U.S. citizens can meet the requirement with a copy of a birth certificate (if born in the United States), a certificate of naturalization, a citizenship certificate, or an American passport. Permanent residents can present a copy of their green card. Other documents can also meet the requirements.


Failure to prove family relationship

As mentioned earlier, only certain types of relationships are allowed. In addition, the petitioner must provide proof of the family relationship. In some cases, this is straightforward. A mother is most likely listed on a child’s birth certificate. However, an illegitimate child may not have the father’s name on a birth certificate. There are a variety of adoptive and tier relationships that may make it more difficult to provide evidence.


USCIS error

Unfortunately, USCIS makes mistakes that cause great pain to petitioners and beneficiaries. It can cost you money and waste time. Even if you’ve done everything right, USCIS is known to make mistakes that lead to an I-130 rejection. USCIS can lose documents or simply overlook the facts.

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What to do after an I-130 is rejected?

After an I-130 rejection, you may have options to correct the situation. However, it is very important to understand the reason for the I-130 rejection before you act.

I-130 Refusals and withdrawals should be taken seriously. In certain circumstances, they may endanger future petitions by the same petitioner and / or beneficiary. An immigration attorney may be able to help overcome the reasons for the refusal. On the other hand, you may be able to correct simple mistakes by submitting a new I-130 form.

  • Submit a new application

    This may be the best option depending on the reason for the I-130 rejection. For example, you may simply want to file a new I-130 petition if your rejection is due to the fact that you did not provide the correct evidence. Assuming you now have the evidence, you can apply for a new visa for the same relative. There is no rule that prevents you from applying for the same person again. However, submitting a new I-130 petition for the same person is not an appropriate answer in all situations.

  • Filing a complaint with the Immigration Complaints Board (BIA)

    The circumstances surrounding your I-130 rejection may require you to appeal the decision to the BIA. There are numerous reasons why you may have to appeal against the decision. For example, USCIS ‘finding that marriage is not genuine or family relationship is not valid is a significant obstacle. It requires a thorough understanding of the law to fight successfully. We recommend that you hire an experienced immigration lawyer who can analyze your specific situation and decide how to overcome the negative decision.

The best way to prevent I-130 refusal is to ensure that your relationship meets the eligibility requirements, provide sufficient evidence, and submit a well-prepared visa application.

Note to the reader: This article was originally published on November 28, 2017 and has been amended with improvements.

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