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Six Common Reasons Why Immigration Petitions are Denied

Updated: Aug 10, 2022

January 11, 2022 -

On an average day, the United States Citizenship and Immigration Services (USCIS) processes 3,100 applications to sponsor relatives and future spouses. Each of these applications is carefully reviewed and evaluated. This only shows that there are clear and specific standards for the application process.

In case you are planning to apply for your Green Card or U.S. citizenship, here are the six (6) common reasons why immigration petitions are denied:

Filing without an attorney.

This has been one of the common mistakes in filing petitions, yet it is still the most neglected one. One has to understand that filing an immigration petition is not just about filling out forms and submitting them to USCIS. There is a proper and efficient way of doing it that immigration lawyers can guide you with.

If your petition gets denied due to the lack of proper knowledge and guidance, it can cost you twice as much in time and money. To ensure a smooth application process, hire an immigration lawyer.

Not enough evidence to show a bonafide marriage.

In applying for a green card through marriage, it is very important to prove the validity and authenticity of the marriage. This can be done by providing supporting documents to prove your claim and by answering the questions flawlessly during your green card interview. One has to expect that the immigration officers will be digging into the relationship and would ask even the most private questions about your relationship.

Here are some of the documents you will need in applying for a marriage green card:

  • Documents to prove joint finances – joint bank account, life insurance, wills, joint leases, joint utilities

  • Documents to prove you live together – joint mortgage or lease documents, bills showing both spouses’ names, property deed, copies of the following showing the same address for both spouses’: driver’s licenses, insurance statements, joint bank statements

Note: In cases where you and your spouse are not living together since marriage, it is always beneficial if you write a letter explaining why you live apart. This letter must be signed by both spouses.

  • Documents to prove you have children (if and only applicable) – birth certificates, adoption certificates, school or medical records showing that the spouses are the emergency contact for the children

  • Other documents which can serve as proof – travel itineraries, phone or chat records, wedding photos, photos from events, parties together with friends and families, letters

Criminal convictions of the beneficiary.

On a general note, USCIS does not allow any foreigner to apply for citizenship if he/she has ever been committed of criminal activity. It is best to consult an immigration lawyer regarding past criminal history.

Application form questions not answered or completed properly.

The application form plays a very important role in the process. This is where they would be getting most of the information about you, that is why it is very important that you read each question carefully before answering. Make sure that your answers are precise and complete.

If a question does not apply to you, make sure to write “N/A” (meaning “not applicable”) so they will not think of it as something you missed. Don’t let a simple mistake such as this deny you from obtaining your American dream. Be cautious in filling out the application form.

Missing evidence.

USCIS will be asking for tons of evidence to prove your intention of obtaining an immigration benefit or U.S. citizenship. The tendency is that we might miss out on evidence that is very crucial in the application if one is not organized enough. Though this does not automatically deny your application, it will, however, prolong the process.

You will be informed that your application is incomplete through what is called a RFE, which is a request for evidence. In general, you will have 30-60 days to supply the missing evidence. Always read the letter carefully and abide by the timeframes. If you fail to do so, you will have to repeat the process from the very beginning and even worse, you will need to pay a processing fee again.

Nervousness and/ or not being prepared for the interview.

Nervousness is a common reaction of the body in certain situations. However, when we are nervous we tend to juggle and forget the things we wanted to say. One way to avoid this is by being prepared in whatever it is that is causing us to be nervous.

There are lots of available resources online which can help you prepare for the immigration interview. But then again, this will not be a guarantee of you passing the interview. Hiring an immigration lawyer who can coach you and set your expectations is still the best decision you will ever make.

At LaGrone Law, we will guide you through the process and help make sure that your petition is approved. We recommend working with our experienced firm to avoid confusion, unnecessary delays, and to ensure that you comply with applicable laws and immigration requirements. We are ready to help you achieve your American dream. Are you ready to take the next step? Pick up the phone now and call 678-379-1725 to schedule a consultation.


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