If you are the spouse, child, or qualifying relative of a U.S. citizen or Lawful Permanent Resident who wants to sponsor you for a Green Card, they would first need to file a Form I-130, Petition for Alien Relative on your behalf. This is the first step they would need to take in the process of helping you to become a Lawful Permanent Resident of the United States. However, if an I-130 petition is not prepared correctly, USCIS will ultimately deny it.
Main Reasons for an I-130 Denial
There are various reasons why your I-130 petition may be denied. The USCIS issues such denials for reasons ranging from ones that are easy to rectify, to those that are much more difficult to fix. The best thing to do is to prepare a strong petition and ensure that all your documents are in order, to help you avoid a denial in the first place. Some of the biggest reasons why your I-130 may be denied have been listed below.
Beneficiary Isn’t Qualified:
- You have a criminal history
- You were previously accused of marriage fraud
- You have a prior immigration misrepresentation
Petitioner Isn’t Qualified:
- Your sponsor was not a Lawful Permanent Resident or US Citizen status at the time of filing
- Your child or sibling holds LPR status instead of the required US citizenship status
- Your sponsor has been convicted of certain criminal offenses
- You and your sponsor lack a qualifying family relationship, such as spousal, parent/child, or siblings
- Your spouse was previously suspected of marriage fraud
- Your sponsor is under 21
Inadequate Supporting Documents
When filing an I-130 petition, you and your sponsor must provide appropriate biographical and civil documents, and proof of your marriage or familial relationship. If you or your spouse were previously married, then a properly executed divorce document or a death certificate will need to be included, showing that your current marriage is legitimate. If you ultimately fail to provide satisfactory documents, USCIS will deny your I-130 petition.
Inadequate Proof of Bona Fide Marriage for Couples
You must provide proof that supports your bona fide marriage relationship, as evidence that your marriage is not an attempt to gain an immigration benefit. The types of documents to provide include the following:
- Lease or mortgage showing both of your names
- Proof of shared bank account
- Proof of joint tax filings
- Household bills and invoices in both names
- Shared car, health, and life insurance
- Photographs that document your time spent together
Inadequate Proof of Familial Relationship
When filing a family petition, you and your parent, child, or sibling must provide proof of your family relationship. This can include full birth certificates showing shared parentage, a marriage certificate, a paternity test if necessary, or any other document that shows your qualifying relationship.
Errors or Incompletions in the Filing
This is a common reason for denials of I-130 petitions. Many filings have been denied due to missing information, errors in the forms, discrepancies in the information, or the wrong filing fees. USCIS will typically issue a Request for Evidence, giving you the opportunity to correct those errors.
Failure To Respond to a Request for Evidence
If USCIS finds errors or missing information in the I-130 filing, or if the agency needs additional documents, you will receive a Request for Evidence that must be responded to within a given timeframe. Their letter will include the specific corrections that you must make, or documents to provide.
Failure To Attend Immigration Appointment
There can be many reasons why you may fail to attend your immigration interview. This can include unintentionally missing the appointment date, fear of attending the appointment, or if the sponsor no longer wishes to support your petition. In that case, you will need to contact USCIS as soon as possible to reschedule your appointment or USCIS will deny your I-130 petition.
What Happens if Your I-130 Petition Is Denied?
Before denying your petition, USCIS may issue a Request for Evidence or Notice of Intent to Deny or schedule a more intensive interview with you and the petitioner. In marriage-based cases, immigration officers may also schedule an unannounced home visit. If your petition is denied following one or all of these steps, you may be subject to the following:
- Removal proceedings: If you are not in legal status, the U.S. government may initiate removal proceedings against you and send you a Notice to Appear
- Accusation of misrepresentation: If the I-130 is based on marriage, USCIS may determine that you misrepresented yourself to gain an immigration benefit; any future marriage petition is filed on your behalf, it may be denied based on a finding of marriage fraud related to a past petition
- Criminal penalties: If you are found to have committed fraud in filing the I-130 petition, you may face a criminal penalty
Options and Next Steps
If your I-130 petition has been denied, you will usually have a few options to consider. You can appeal the denial, file a motion to reopen or reconsider the decision, or refile the petition. To decide which option is best for you, then you will need to review why the petition was denied in the first place.
- Appeal the Denial
If USCIS denies your I-130 petition, you will likely be able to appeal the decision. You can do so by filing a motion with the Board of Immigration Appeals. - File a motion to Reopen or Reconsider the denial
You can file a motion to reopen the I-130 denial if you have new evidence that was not included in the original filing, and that you believe can strengthen your case. Then you can include the new documentation in the new petition. You can also file a motion to reconsider the denial if you believe that USCIS misapplied the law. - Refile the I-130 petition
If you choose not to appeal the USCIS’ decision, you will have the option of refiling the I-130 after the denial. This provides another chance to gather missing evidence and compile additional documents to support your petition.
Contact an Immigration Professional
When facing an I-130 denial, your strongest option may be to retain an immigration professional. A knowledgeable professional will already understand how to effectively appeal an I-130 denial or determine the best alternative steps to take. At US-ILC, our attorneys have a wealth of experience in fighting wrongful denials. Contact us today at U.S. Immigration Law Counsel or call 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
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FAQ Section
What Happens if I Have a Pending Adjustment of Status Application?
If your I-130 petition is denied, there is no longer a basis to support your Adjustment of Status application. USCIS will then issue separate denial notices for your Adjustment of Status and any related applications.
Can a Denial Stop Any Future I-130 Filings on My Behalf?
Whether the denial of your I-130 can affect any future filings will depend on the reason for the denial. For example, if the petition was denied due to a fraud finding, then future filings will also be denied.
What Is the Deadline for Filing an Appeal?
An appeal typically needs to be filed within 30 days of an I-130 denial. Consult the Denial Notice to check the date of issue and determine the filing deadline.
