Family-based immigration allows people living abroad to reunite with relatives in the United States.
However, obtaining lawful permanent residence requires satisfying various immigration laws and procedures. And that’s where some people mess up big time. Family-based applications may be approved or denied by immigration authorities depending on whether specific criteria are met. Ignorance of the rules is no defense, which is one reason to talk to an immigration attorney.
Understanding the factors that may lead to denial and avoiding them can help immigrants achieve the outcomes they’re seeking.
Below are five reasons family-based immigration applications are denied, along with tips to avoid these problems.
1. Not Providing Enough Documentation Proving a Real Relationship
When applying for family-based immigration, applicants must provide evidence of a real relationship between the petitioner and the applicant. For instance, in marriage-based cases, an applicant should prove that there’s an authentic relationship. If immigration officials reviewing the applications believe the parties have an arrangement to circumvent the U.S. immigration process, the odds are the applications will be denied.
Applications can be refused based on the following factors:
- Absence of documents supporting the relationship
- Applicants’ responses seem inconsistent and incomplete
- Suspicious interviews that raise more questions than answers
Proving relationships might require couples to submit copies of bank statements listing both parties. So, collect enough documents to prove that a relationship exists.
2. Failure to Meet Income Requirements
Many family-based immigration applications are denied because petitioners cannot prove they meet the financial requirements. The best way to avoid trouble on this front is to demonstrate sufficient income to support whoever they’re seeking to bring to the U.S.
The following factors might lead to the rejection of an application:
- Petitioner doesn’t satisfy the income requirements stated in the affidavit of support
- Documents providing information about a petitioner’s income are missing
- Joint sponsors can’t be located
The main purpose of such a requirement is to prevent the dependence of an applicant on governmental assistance in the future.
3. Incorrectly Filed Application
The importance of completing forms properly can’t be overstated because even small mistakes can be enough to get applications denied.
Typically, applications are denied because of the following mistakes:
- Missing signatures in the documents
- Discrepancies between different forms or documents
- Use of outdated forms
All information on immigration documents should be correct and complete. Discrepancies between forms and documents can automatically invalidate an application.
4. Immigration Violations or Admissibility Issues
Applicants should provide truthful information about their previous visits to the U.S. and any immigration or criminal records, as the lack of such information may result in application denial.
Applications are refused based on the following information:
- Overstay of visas
- Entering the U.S. without an appropriate visa
- Deportation from the U.S.
- Criminal record
In some cases, it may be possible to obtain a waiver that would allow an applicant to remain. However, the process of submitting additional documents may take a lot of extra time.
It’s best to consult with an immigration lawyer to clear up any doubts before starting the process.
5. Missing Deadlines and Refusing to Submit Additional Information
Deadlines play a crucial role in the process of obtaining lawful permanent residence in the U.S. Failure to respond to a request for evidence, participate in an interview, or submit any other requested information is considered neglect.
For example, an application might be refused if any of the following is true:
- An applicant ignores a request for evidence
- An appointment for an interview is missed
- An applicant fails to submit additional documentation fast enough
Forgetting deadlines can do more harm than good. And submitting information quickly is vital.
Family-based immigration is a valuable tool for obtaining permanent residence in the U.S. Nevertheless, this process requires immigrants to act in good faith and follow the rules, as even minor mistakes can serve as grounds for denial.
It’s worth repeating that retaining the services of an immigration lawyer can be a prudent move, since it can help prevent issues that complicate or derail the immigration process.
