If I 130 Is Incorrect Do You Have to Pay the Fee Again

U.Due south. Citizenship and Immigration Services (USCIS) rejects or denies thousands of I-130 petitions each year. The reasons for an I-130 denial vary, only in almost cases they are avoidable.

U.S. citizens or permanent residents file Class I-130, Petition for Alien Relative, to aid a family member immigrate to the United states of america. It'southward the start footstep in the family-based immigration organization for helping that relative go a green card. If USCIS denies your I-130 visa petition, you'll need to empathize the reason before you can start over.

The best manner to avoid an I-130 deprival is to understand the eligibility requirements and prepare a complete and accurate petition.

Possible Reasons for I-130 Deprival

In that location are several reasons why USCIS may deny Form I-130, Petition for Conflicting Relative. In many cases, USCIS will give you an opportunity to gear up the problem before they issue a deprival notice for the petition. But this creates a significant delay in the process and may require an additional expense to resolve the problem. Five of the most common reasons for an I-130 denial include:

REASON i	Bereft Information If you didn't provide enough information for USCIS to make a decision, they may deny your Class I-130. Well-nigh likely, USCIS will result a Request for Testify (RFE) before the I-130 denial. If y'all neglect to answer to the RFE or do non provide an adequate response, USCIS may deny the visa petition at that time. Likewise the quality of the document can create a problem. USCIS may refuse poor photocopies of evidence. Strange linguistic communication documents must be accompanied past a certified translation. If the nativity or wedlock certificates that you submit are badly photocopied and difficult to read, accept not been translated, or do not appear to come up from an official government source, it'south possible that USCIS volition deny the petition. RECOMMENDED: How to Answer to a USCIS Request for Show (RFE) Correctly
REASON 2	Eligibility If you are not eligible to file a petition or the beneficiary doesn't have an eligible family relationship, the I-130 petition volition be denied. Relationships must fall into either the immediate relative or family preference categories. Before filing, empathize if your human relationship with the intending immigrant qualifies. Generally, this is a straight forward requirement, but it can get more than complicated with adoptive and step relationships. RECOMMENDED: Family unit-Based Immigration
REASON three	Failure to Bear witness Petitioner'due south Condition Only a U.S. citizen or lawful permanent resident (green card holder) may file Grade I-130. Therefore, the petitioner must include proof of his or her status when submitting the petition. U.S. citizens tin can satisfy the requirement with a re-create of a nascence certificate (if U.S. born), Naturalization Document, Document of Citizenship, or American passport. Permanent residents can provide a copy his or her green bill of fare. Other documents may also satisfy the requirements.
REASON 4	Failure to Show Family unit Relationship Equally mentioned previously, simply specific types of relationship are eligible. Additionally, the petitioner must provide evidence of the family human relationship. In some cases, this is straight forrad. A mother is well-nigh likely listed on a child'due south nascency document. Notwithstanding, a child born out of wedlock may not have the begetter's name on a birth certificate. There are a diversity of adoptive and pace relationships that may make it more challenging to provide evidence.
REASON 5	USCIS Error Unfortunately, USCIS does make errors that crusade petitioners and beneficiaries much hurting. It tin can toll you money and lost time. Even if y'all've done everything correctly, USCIS has been known to make mistakes that result in an I-130 denial. USCIS may lose documents or merely overlook the facts. RECOMMENDED: Tips for Preparing USCIS Immigration Forms

CitizenPath Helps You Avoid I-130 Denials

Using CitizenPath to set up Form I-130 ensures that USCIS will approve your petition. In fact, nosotros guarantee it with a coin-back guarantee. CitizenPath is a low-cost service designed by immigration attorneys to aid you fix Form I-130 and other USCIS forms. The online software ensures eligibility and confirms that all of the essential information is included on your visa petition. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays.

Petitioners can become started for gratuitous. No payment is required until y'all're finished and ready to print your petition and personalized filing instructions.

What to Do After an I-130 Gets Denied

After an I-130 deprival, you may have options to correct the state of affairs. But it's very important to understand the reason for the I-130 denial before interim.

I-130 denials and revocations should exist taken seriously. In sure circumstances, they tin can lead to endangerment of any future petitions by the same petitioner and or casher. An immigration attorney may exist able to aid overcome the grounds of deprival. On other mitt, you may be able to rectify simple mistakes by filing a new Form I-130.

• File a New Application

  This may be the best pick depending on the reason for the I-130 deprival. For example, you may want to simply file a new I-130 petition if your denial was the effect of declining to submit the proper show. Assuming that you now accept the testify, y'all may file a new visa petition for the same relative. In that location is no dominion that prevents y'all from re-applying for the aforementioned person again. However, filing a new I-130 petition for the same person is not an advisable response for all situations.

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

  The circumstances for your I-130 denial may require that you appeal the decision with the BIA. There are numerous reasons that yous may need to fight the conclusion with an appeal. For example, the determination by USCIS that a marriage is non genuine or a family relationship is non valid creates a pregnant obstacle. It requires a thorough understanding of the law to fight successfully. We recommend that you recruit the help of an experienced immigration attorney that tin analyze your specific situation and make a determination on how to overcome the negative conclusion.

Again, the best fashion to foreclose an I-130 denial is to make sure your relationship meets the eligibility requirements, provide aplenty bear witness, and submit a well-prepared visa petition.

Annotation to Reader: This post was originally published on November 28, 2017, and has been modified with improvements.

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Source: https://citizenpath.com/reasons-i-130-denial/

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