Form I-130 also referred to as the petition for an immediate relative, is used to invite the immediate family members of U.S. citizens. Furthermore, this petition can be filed by the spouse, common-law partners, or children to invite their parents to the U.S. so that they can obtain Green Card and become a lawful permanent resident here.
Helping the people by providing complete guides and information about immigration processes is our core preference, and similarly, all the related content can be viewed on our side. In this blog, we will not be moving towards the filing of the I-130 petition, as it has been clearly defined previously.
In addition, the primary focus of this article is to describe the possibilities once there is a denial of I-130 for parents. Before moving on the possible routes, let us have a brief glimpse at the I-130 petition.
Filing I-130 for Parents
The U.S. citizens and lawful permanent residents file Form I-130 to petition for a spouse and unmarried children or parents. Furthermore, when specifically filing the petition for an alien relative for parents, the appeal becomes family based petition.
The petition I-130 allows U.S. nationals to invite their parents to the U.S.; however, not all the cases are accepted by the U.S. Citizenship and Immigration Services (USCIS). Still, there are many cases that USCIS rejects. The I-130 is the initial step when beginning the process of family immigration. Furthermore, a successful petition can help the petitioner and their family to obtain immigration benefits.
Denial of I-130 for Parents
Every year thousands of I-130 petitions are rejected by USCIS since the department has the authority to do so. While there is no waiting in line for U.S. citizens’ immediate relatives, family preference categories generally have a long waiting time. However, I-130 denial for parents can result in due to multiple causes:
#1 Failing to meet the qualifying requirements
Not understanding the minimum eligibility requirements and filing the petition can result in a rejection notice.
#2 Prior Immigration History
Previous stays in the U.S. or previous application filings while in the U.S may affect the process.
#3 Previous Illegal stays in the U.S.
Prior illegal entries into the U.S. can also result in a possible denial. However, a previous illegal stay by a family member the petitioner is sponsoring may lead the case towards further observation.
#4 The inability to establish a family connection
An inability to establish a connection between the family members can also result in a denial. Relationships must fall into either the immediate relative or family preference categories. Not enough proof of a family relationship can also result in rejection.
#5 Absence of proof
Not providing sufficient documents with the application, the U.S. Citizenship and Immigration Services (USCIS) may also ask for a request for new evidence.
#6 Unable to prove the U.S. Citizenship
One must have the appropriate paperwork and evidence to prove nationality.
#7 Not Enough Information in the application
The application may be rejected by the USCIS because there is insufficient information. Before dismissing the I-130 petition, the USCIS may request additional evidence (RFE). Additionally, USCIS still views it as deficient information even when additional material is provided, and the petition may be denied.
#8 Application submitted through inexperienced attorneys
However, when filing the petition I-130 for parents and receiving a denial for the first time, there are specific ways to initiate this process again.
Denials may occur if an unskilled immigration attorney or legal company is chosen. The complexity of immigration services may make your visa petition overwhelming. Hiring a professional legal office that provides expert immigration services may lead to the acceptance of your application for a family-based green card.
What should you do if your I-130 petition is denied?
Once the USCIS has rejected your application, then there are two possibilities which you may opt to revive your case further.
Role of the Board of Immigration Appeals (BIA)
The Board of Immigration Appeals (BIA) is the administrative body and a primary part of the Executive Office of Immigration Review (EOIR). This panel reviews the final decisions issued by the Immigration courts and further inquires and interprets the laws so that the denial cause may be explained thoroughly or the verdict may be reviewed.
In a similar scenario, if the USCIS has denied form I-130, then the BIA also holds the authority to review this decision. In addition, the BIA can also command to reverse or amend the judgment provided by the immigration judge.
In addition to reviewing appeals from decisions of the Immigration Court, the BIA also hears appeals from U.S. Citizenship and Immigration Services (USCIS) decisions.
1. Appealing I-290B for the denied I-130 to the BIA
Initiating the appealing procedure can begin by filing Form I-290B Notice of Appeal. Furthermore, the sole purpose of filing an appeal with the Administrative Appeals Office (AAO) is to review the final decision the applicant has faced. In denying the I-130 form for parents, the request can be filed before the Board of Immigration Appeals (BIA).
Furthermore, by using Form I-290B, the following petitions can be done:
- An appeal with the Administrative Appeals Office (AAO)
- A motion with the USCIS regarding the recent verdict in your case
- Appeals for denial of an Immigration and Customs Enforcement (ICE)
What is a Motion Request?
A motion is a request made to the USCIS field office to review the verdict it has issued in the form of an unfavorable decision. There are two further categories under the motion:
Motion to Reopen
With this motion request to reopen, the request is issued to USCIS to reopen the case that it has previously judged as unfavorable. Furthermore, new facts and evidence can be offered once this request is made.
Motion to Reconsider
Under the motion to reconsider, a request is submitted before the office against the unfavorable decision it has provided. In this motion, the request can be made to reconsider the process based on an incorrect application filing or mismatched law or policy that has been applied.
Receiving a Denial Notice
The appeal or motion must be filed within 30 days if you have received a denial notice. Furthermore, opting to file an appeal takes around 180 days for the issuance of the decision, whereas the motion can result in 90 to 180 days in the decision process.
2. Refiling the Application
Refiling the application can be the best option to submit a new appeal or immigration application, depending on the rationale for the I-130 decision.
Generally, the intending immigrant is not prohibited by law from resubmitting an application for the same applicant. Nevertheless, to file an appeal for the same applicant is not always necessary.
Frequently Asked Questions
Here are the few commonly inquired questions about the I-130 denial and refiling of the application.
#1 Can you File an appeal after the I-130 denial?
Yes, the decision can be appealed before the Administrative Appeals Office (AAO) or Board of Immigration Appeals (BIA).
#2 What happens if Form I-130 is denied?
If petition I-130 is denied, there are two options: filing a new petition or filing an appeal I-290B.
#3 Can you refile I-130 after denial?
Yes, petition I-130 can be refiled after denial.
#4 Can a parent petition be denied?
USCIS holds the authority to reject any request; however, a parent’s plea can be denied if the parent cannot establish a relationship or provide supporting evidence.
#5 How long does it take to approve I-290B?
Generally, an appeal takes around 180 days to be approved.
#6 What happens if I-290B is approved?
The decision can be reviewed, and the verdict may result in a favorable outcome.
#7 What is the difference between a motion to reopen and a motion to reconsider?
The USCIS is asked to reopen the case if previously having a negative decision through the motion request to reopen. An appeal against the office’s decision is made under the motion to reconsider.
Refiling your I-130 Future Petitions
Professional guidance from an experienced immigration attorney can save you from denials and case rejections. If you need help navigating complex immigration laws and procedures about Form I-130 or appeal I-290B? We can help.
It would help if you had the steady hand of an experienced immigration attorney to navigate the rough waters of U.S. immigration law. We always maintain a productive and strong attorney client relationship. Seek out counsel from the Herman Legal Group, a U.S. immigration law firm with over 25 years of experience representing individuals, helping them obtain immigration benefits, reuniting families, and companies in all aspects of immigration law, in all 50 states around the world.
Schedule a consultation with one of the experienced immigration lawyers at Herman Legal Group by calling 1-216-696-6170 or booking online. Consultations can be conducted via zoom, skype, Whatsapp, facetime, or in-office.