Filing Form I-130, Petition for Alien Relative, is often the first step in helping a family member immigrate to the United States. But not all petitions are approved. Even if you meet the basic eligibility requirements, certain issues can lead to denial. Below are the five most common reasons USCIS may deny an I-130 petition—and how to avoid them.
1. Insufficient Evidence of a Bona Fide Relationship
USCIS must believe that the relationship between the petitioner and beneficiary is real—not just for immigration benefits. This is especially crucial in spousal cases. If your application lacks strong evidence—like shared finances, joint lease, photos together, messages, affidavits from friends and family—it could be denied. Simply submitting a marriage certificate is not enough.
Tip: Always include documents that show you live together, travel together, communicate regularly, and have shared responsibilities.
2. Criminal History of Petitioner or Beneficiary
Some criminal convictions—especially those involving violence, drugs, sex crimes, or child abuse—can result in denial. This applies to both the petitioner and the intending immigrant. Even arrests without convictions can trigger red flags, especially if the case relates to fraud or abuse.
Tip: If you or your relative has a criminal record, consult an immigration attorney before filing. In some cases, a waiver may be available.
3. Petitioner Is Not a U.S. Citizen or Lawful Permanent Resident
Only U.S. citizens and green card holders can file I-130 petitions. Sometimes people believe they can file while their own status is pending or after a naturalization application is submitted. But unless you are already a U.S. citizen or LPR at the time of filing, USCIS will reject the petition.
Tip: Make sure your own immigration status is fully approved before you file for a family member.
4. Prior Immigration Fraud or Misrepresentation
If either the petitioner or beneficiary has lied to immigration authorities in the past—by using fake documents, lying on a visa application, or entering the U.S. under false pretenses—it could lead to denial. USCIS takes fraud very seriously and often reviews past records when evaluating new petitions.
Tip: Be honest in all immigration filings and seek legal help if past mistakes may affect your case. Waivers may be available for certain types of fraud.
5. Inadmissibility Due to Prior Deportation or Unlawful Presence
If the beneficiary has been previously deported or has accrued unlawful presence in the U.S., they may be barred from reentering—even with an approved I-130. In such cases, USCIS may approve the petition but the person will be unable to obtain a green card unless a waiver is granted.
Tip: Always review your relative’s immigration history before filing. If there are past deportations or visa overstays, talk to an immigration attorney about available waivers like the I-601 or I-212.
Conclusion
An I-130 denial can be heartbreaking, but many issues can be addressed or prevented with proper preparation. Always review your documents, provide strong evidence, and get legal advice if there are any complications. At Shepelsky Law Group, we help families reunite through the immigration process—no matter how complex your situation may be.
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