Herman Legal Group

The U.S. Citizenship and Immigration Services (USCIS) receives more than 6 million green card applications yearly. Most immigrants, when they become U.S citizens, they prefer to sponsor their close ones, including spouses and parents.

Besides the massive green card applications filed, thousands of them are also rejected. In addition, the rejection cause may not be specified by the USCIS in the cases, but filing applications may avoid the dismissals with accurate information and under experienced supervision.

Furthermore, we will thoroughly highlight those mistakes that must be avoided when filing form I 130 for parents.

What is an I-130?

The U.S. citizens and lawful permanent residents (LPR) are allowed to invite their immediate relatives to the U.S. so they can become legal permanent residents here. In addition, I-130, also termed Petition for Alien Relative, is filed to invite immediate relatives to the U.S. The permanent residents who successfully achieve this status are called Green Card holders.

The family-based immigration process begins with the filing for I-130, allowing the U.S. citizen or lawful resident to invite their immediate relatives to immigrate to the United States.

The USCIS carefully reviews the filed petitions. After establishing a relationship between the applicant and invited relative, the U.S. permits them to immigrate to the U.S. and obtain legal permanent resident status.

Filing I-130 for Parents

The applicants filing the I-130 petition for their parents begin the initial phase of family-based immigration. Similarly, after becoming U.S. citizens, the first preference of immigrants is to invite their parents to become lawful permanent residents of the U.S.

A green card for parents is comprised under the family-based green category. As U.S. citizens are allowed to petition for a green card for parents, In order to do so, there are primary eligibility conditions to be met:

The applicant must be an immediate relative of a U.S. citizen (Spouse, Unmarried child, Parent)
Proof of United States citizenship or legal permanent residence
Proof of qualifying relationship
The I-130 Petition for Alien Relatives must be submitted, and applicants must show that they can support the parents at 125 percent of the federal poverty level.

Possible Issues while Filing the I-130 form

The USCIS has the authority to deny any immigration form or application; thousands of petitions are also rejected annually. However, these denials can be prevented by avoiding some common mistakes in immigration forms.

In case of denials, the USCIS provides a chance to correct the issue, in particular the immigration form that has been raised in the denial notice. With years of experience dealing with denial cases, we have observed that if these issues are fixed, they may result in a favorable case outcome.

Misunderstanding the Eligibility Conditions

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A cause for the possible rejection of I-130 is the misinterpretation of the eligibility conditions. To be eligible for filing the I-130 for parents, the applicant must be a U.S. citizen, not a lawful permanent resident.

In this instance, if the permanent resident or an applicant on another temporary status in the U.S. files this petition, then there will be an immediate rejection from the USCIS on the ineligibility grounds. Therefore the essential prerequisites to inviting parents to live in the U.S. as a Green Card holder, the applicant must be:

#1 A United States Citizen

#2 At least 21 years old

It must be noted that lawful permanent resident status holders are not allowed to invite their parents to the U.S.

In addition, it is also mandatory to know the eligibility of the relatives. Under the ineligibility of family relationships, the I-130 petition is also denied. Furthermore, it has been mentioned that the connections must be comprised of the immediate relative or family preference categories.

Previous Immigration History

When filing the petition I-130 for parents, the previous immigration history of parents should also be observed. The previous illegal entries of beneficiaries can also cause the petition to be rejected.

The outcomes for previous entries in the U.S. can have some effects on the application status, if the parents have entered the U.S. illegally, then they cannot apply for the Green Card by remaining in the United States. Furthermore, in the case of applying while remaining in the U.S., this can be risky and result in immediate rejection.

Another scenario may exist if the parents or beneficiaries are being sponsored by Green Card and have entered the U.S. previously on a visitor visa and have remained in the U.S. to live permanently. Their prior travel history to the U.S. can be scrutinized, and the authorities may require additional information to prove their valid stay.

Additional conditions that can affect include:

#1 Application filed while being in the U.S.

#2 Petitions filed while being abroad.

Therefore, when filing the USCIS immigration form, one must keep check of previous travel and immigration history to the U.S.

Inability to establish a relative connection

The USCIS has clearly mentioned about the eligible relationships that can be sponsored through the I-130. The applicants must demonstrate the relationship with the beneficiaries they are inviting.

Similarly, many permanent residency applications are rejected due to the inability of the applicants to establish a connection between them and their parents. Also, there are some scenarios of fraudulent activities as well.

In order to demonstrate the relationship between the stakeholders, proper documental records and evidence are required. The evidence may include:

#1 Birth Certificates showing the names of Biological parent/s.

#2 Civil Marriage certificate of parents.

#3 Evidence demonstrating the strong emotional or financial bond between applicant and father.

#4 Divorce Decrees (if applicable).

Statements showing that you have been living with your parents

1. A mother is listed on a child’s birth certificate. However, a birth certificate for a kid born outside of wedlock might not list the father’s name. Numerous adoptive and step connections could make it harder to present proof. In these cases, additional information may be needed to support the USCIS forms, and evidence of the relationship must be strong enough to support the petition.

2. Father lives outside the United States, and the child was born out of wedlock and was not legitimated by father before the 18th birthday. (Supporting evidence may be needed for the legitimacy of the condition)

3. The father lives outside the United States, and the child was born out of wedlock and was legitimated by the father before the 18th birthday,

4. The petition was filed to bring your step-parent to live in the United States.

5. The petition was filed to bring your adoptive parent to live in the United States.

These are some of the conditions that require the proper establishment of a relationship between the child and the parents they will be sponsoring.

Insufficient Information

The USCIS has the authority to reject the application on charges of insufficient information. In addition to it, the USCIS may demand a Request for Evidence (RFE) before denying the I-130 petition. Furthermore, even after providing additional information, USCIS still considers it to be incomplete information, and the petition can also be rejected.

However, the scenarios have been described above, where the authorities can demand additional records to establish a relationship. In the case of providing documents, it may be noted documents with improper visibility or old photocopies may be rejected.

Therefore, we always advise providing copies of original documents with proper readability. The records with poor visibility can also lead to insufficient information and rejection.

Failure to prove one’s Citizenship

To sponsor the parents for Family-Based Immigration process, it must be mandatory for the primary applicants to be U.S. citizens. Similarly, proper documentation and proof are required to show one’s nationality.

The documents that demonstrate one’s nationality following documents may be included:

Certificate of Naturalization
Certificate of Citizenship
Valid U.S. passport
Foreign Language documents (translated)

Additional documents may also support the process.

Filing an Application with an incompetent law firm

The selection of an inexperienced immigration attorney or law firm may result in denials. Immigration services are complex, and your visa petition may become daunting. Hiring an experienced law firm that offers professional immigration services may result in accepting your plea for a family-based green card.

The visa petition filed with an experienced attorney can bring a positive impact on the person seeking immigration services. A little professional guidance can help you save money and time.

If you need help navigating complex immigration laws and procedures? We can help. With our expert attorney services, we help you take the stress and anxiety over the immigration process.

What to do in case of I-130 petition denial?

If you have received a denial in the I-130 petition, we understand the primary immigration issue in the matter. Some possible ways can be pursued after denial of form I 130 petition.

#1 Filing a new Application

Depending on the reason for the I-130 denial, this might be the optimal choice to file a new petition or immigration application. No law prohibits the intending immigrant from resubmitting an application for the same candidate. However, not every circumstance calls for submitting a fresh I-130 petition for the same applicant.

#2 Filing an Appeal with the Board of Immigration Appeals (BIA)

It may become essential for a family member to file a BIA appeal in light of the facts surrounding the I-130 refusal. You may need to file an appeal to contest the decision for various reasons before the immigration court.

However, suppose USCIS determines that the marriage or family relationship is invalid or the applicants are unable to provide not enough proof of the relation, therefore, to defend themselves successfully. In that case, one must have a solid understanding of the law.