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Why Your I-130 Petition for Sponsorship Could Be Denied

3.5 minute read
"If you want to sponsor your immediate or extended family members, then you are required to file Form I-130 to petition for family-based sponsorship. The US Citizenship and Immigration Service (USCIS) rejects thousands of family sponsorship petitions every year. The reasons for denial may vary but they are generally avoidable."
Written by My Visa Source Team
Published on:  Sep 11, 2021
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If you want to sponsor your immediate or extended family members, then you are required to file Form I-130 to petition for family-based sponsorship. The US Citizenship and Immigration Service (USCIS) rejects thousands of family sponsorship petitions every year. The reasons for denial may vary but they are generally avoidable. 

Form I-130 is also known as the Petition for Alien Relatives. The petition is to help a family member’s application to immigrate to the US. This petition is filed by a US citizen or lawful permanent resident and is the first step in the immigration journey of the family members of US citizens. If the USCIS denies this petition, then you must understand the reason for denial to start over. 

To avoid the denial of your petition, it is best to make minimal mistakes by understanding the eligibility criteria and preparing an accurate and completed petition supported by all the required documents. 

What Are the Possible Reasons for Denial for I-130?

There are many reasons why your Form I-130 petition may get denied by the USCIS. Here are 5 of the most common reasons for denial:

Insufficient Information: 

Not providing all the required information for Form I-130 will get your petition denied. However, the USCIS may issue a Request for Evidence (RFE) before outright denying your petition. If you fail to respond to this request on time and appropriately, then your petition will get denied. 

If you fail to submit the standardized version of your documents required by the USCIS, then your petition will be denied. This includes submitting poor photocopies of your documents. Any document in a foreign language must be translated before submission. If your birth or marriage certificate are badly photocopied or difficult to read, then the USCIS may deny your petition. 

Eligibility: 

Not meeting the requirements for eligibility for family sponsorship will get your petition denied by the USCIS. Your family relationship to the sponsor must be clear and fall into either immediate relative or family preference categories. This is a straightforward requirement, however, it may get complicated if you are sponsoring your step or adoptive relationships. 

Failure to Prove Petitioner’s Relationship: 

Only a US citizen or lawful permanent resident may file the Form I-130 petition. This petition must include evidence supporting their relationship to the sponsor. This may be straightforward. For example, you can provide the birth certificate if a mother is sponsoring her children.

However, it may get complicated. Since in certain cases the child may be born out of wedlock or may not have the father’s name on the birth certificate. A variety of steps and adoptive relationships make the process a bit more complicated.

USCIS Error: 

The USCIS may make an error that may get your petition denied. This will cost you a lot of time, money and effort. The USCIS has been known to make mistakes that may result in denial. This may be because the USCIS overlooked certain documents and facts.

What to do If Your Form I-130 Petition Gets Denied?

After your petition has been denied, you will be required to take corrective measures. It is important to understand the reasons for your denial to take said measures. This should be taken seriously. Not filing correctly can lead to endangering your future applications. You can rectify previous mistakes by filing a new petition.

Filing a New Application: 

This is the best way to respond after the denial of your petition. You can file a new petition with new supporting documents which were lacking in your initial petition. There is no rule preventing you from applying for the same relative again.

File an Appeal with the Board of Immigration Appeals (BIA): 

Under certain circumstances, you may be required to file an appeal with the BIA after your petition has been denied. This may be because the USCIS determines that your family relationship or marriage is not valid.

This will be resolved through an appeal in a court of law. It is advised to hire an immigration lawyer before filing such appeals since they can help you analyze your situation and take the best course of action.

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