Why USCIS may reject a family reunion petition: reasons and solutions
The United States Citizenship and Immigration Services (USCIS) rejects thousands of I-130 petitions annually. The reasons for failure are different, but in most cases they can be avoided, says Citizenpath.
US citizens or permanent residents file a Petition for Alien Relative Form I-130 to help a family member immigrate to the United States. This is the first step in the family immigration system to help this relative get a green card. If USCIS rejects your I-130 petition, you need to understand the reason before you can start over.
The best way to avoid rejection is to understand the eligibility requirements and prepare a complete and accurate petition.
Possible reasons for failure
There are several reasons why USCIS may reject an I-130 petition. In many cases, the service will allow you to solve the problem before it issues a notice of rejection of the petition. But this creates a significant delay in the process and may require additional costs to solve the problem. Below are the 5 most common causes of failure:
1. Not enough information
If you have not provided enough information to make a decision, USCIS may reject your I-130 petition. Most likely, you will first be sent a confirmation request (RFE), and if you do not answer it or provide an adequate response, USCIS has the right to reject the petition.
The quality of the document also affects the decision of the service. USCIS may reject bad photocopies of evidence. Documents in foreign languages must be accompanied by a certified translation. If the photocopies of your birth or marriage certificates you provided are of poor quality and poorly read, not translated, or possibly not received from an official government source, it is likely that the USCIS will reject the petition.
If you do not have the right to file a petition or if the beneficiary does not have suitable family relationships with the person submitting it, you will be refused. Relations should be either from the category of immediate relatives, or from family preferences. Before applying, find out if your relationship meets the requirements of a potential immigrant. This is usually a direct requirement, but it can be complicated by certain restrictions.
3. Failure to confirm petitioner status
Form I-130 can only be submitted by a US citizen or legal permanent resident (owner of a green card). The applicant must provide proof of his status when applying. US citizens can meet the requirement with a copy of their birth certificate (if born in the USA), naturalization certificate, citizenship certificate or American passport. Permanent residents may submit a copy of their green card. Other documents may be required.
4. Failure to prove family relationships
As mentioned earlier, only certain types of relationships are eligible. In addition, the applicant must provide evidence of family relationships. In some cases, it’s easy. The mother is most likely listed on the birth certificate of the child. However, a child born out of wedlock may not have the father’s name on the birth certificate. There are various types of relationships that can complicate the provision of evidence.
5. Refusal for all of the above reasons may result from an error in the translation of documents.
The relationship may be sufficient and the information is complete, but due to poor translation of documents, some data was lost or was misunderstood by USCIS employees.
Certified translation of supporting documentation is extremely important when it comes to immigration petitions. As explained to ForumDaily in the translation company CVLanguages, certified translation means that the translator or language service provider, through a certified certificate, guarantees that the translation performed by him is an accurate and reliable representation of the original document.
Certified translations of documents for immigration procedures are recognized by the United States Citizenship and Immigration Services (USCIS) and other government agencies.
Of course, you can simply translate documents in Google or ask a friend and hope that everything will be correct, but a certified translation has a number of undeniable advantages.
Translating words with multiple meanings and complex sentences
There are words that in one language can have many meanings or depend on the context of the sentence in which they are applied. If an ambiguous word or complex expression in the translated document is not checked by a professional, it can lead to serious problems in the future. The document can simply lose its semantic component.
Understanding the cultural and social context
Translation using automated services does not take into account the cultural subtleties and established expressions present in any language. The word-for-word translation just doesn't work in this case. And if we are talking about the history of the asylum applicant, for example, then its correct transmission is extremely important for the understanding of the situation by the immigration agent.
Google Translate and similar services actually store the entire history of your translations on their servers. Who knows how reliable their security system is. Perhaps your personal data will one day "leak" into the hands of hackers, or even end up on the Internet in the public domain, but it can be personal or confidential data. In case of contacting professional translators from CVLanguages such problems will not arise.
Company CVLanguages is ready to provide certified translation services carried out by experienced specialists to protect you from data leaks and mistakes that can cost you or your family immigration status.
6. USCIS error
Unfortunately, USCIS does make mistakes that will cost you money and wasted time - even if you did it right. For example, USCIS may lose documents or simply miss facts.
What to do after failure
After the failure of I-130, you may have options for correcting the situation. But it is very important, before you begin to act, to understand the true reason.
Take failure seriously. In certain circumstances, this can lead to a threat to any future petitions from both the petitioner and the beneficiary. You can fix simple errors by filling out the new I-130 form. In some cases, the services of an immigration lawyer will be required.
File a new petition
This is perhaps the best option, depending on the cause of the failure. For example, you can simply file a new I-130 petition if your refusal was the result of a failure to provide proper evidence. Assuming that you now have evidence, you have the right to file a new petition for a visa for the same relative. There is no rule that prevents you from re-applying for the same person again. However, filing a new I-130 petition for the same person is not suitable for all situations.
Appeal to the Immigration Appeals Board (BIA)
The circumstances of your refusal may require you to appeal the decision to the BIA. There are many reasons why you may need to appeal a decision by appeal. For example, the USCIS definition that marriage is not genuine or that family relationships are not valid creates formidable obstacles. In this case, you may need an experienced immigration lawyer.
The best way to prevent your I-130 petition from being rejected is to make sure your relationship meets the eligibility requirements, provide the necessary evidence, and file a well-prepared petition.
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