Form I-130 is the first step U.S. citizens or lawful permanent residents take to bring close family members into the country. The form, which establishes that a valid relationship exists between the petitioner and the beneficiary, is usually approved as long as proper documentation is submitted. However, USCIS does occasionally deny I-130s. Fortunately, a skilled immigration attorney can resolve many of the associated issues so you can get closer to bringing your loved ones to the U.S.
Why I-130s Are Denied
In most cases, I-130s are revoked due to procedural issues such as insufficient documentation or failure to include the appropriate filing fee. USCIS may also decide the relationship cannot be recognized under immigration law, or they may suspect either party of fraudulent activity. Because the form only establishes the relationship upon which the rest of the process depends, USCIS will often approve them even if other issues remain.
Your Options After the Petition Is Denied
Depending on the reasons for the denial or revocation, your immigration attorney may recommend appealing the decision to the Board of Immigration Appeals. This approach is often best if the government questions the validity of the relationship, claiming it isn’t legitimate or recognized. Because the appeals process requires an in-depth understanding of the law, this step should always be handled by an experienced immigration lawyer.
A denied petition will not prevent you from reapplying for the same individual, so your attorney may recommend preparing another petition. If your initial I-130 was denied due to procedural issues, a professional will help you overcome them and move on to the next phase of the process.
The immigration attorneys at Berd & Klauss, PLLC in New York City have built a reputation on satisfying clients from around the world. Whether your I-130 has been rejected or you’re applying for the first time, you can rely on their accomplished lawyers to guide you through the process. Visit their website now for an overview of their services, and like their Facebook page for regular tips and legal updates from lawyer Patricia Klauss.