Five reasons why family-based immigration applications are denied

Five reasons why family-based immigration applications are denied

The Family-based Immigration program allows those living overseas to reconnect with their relatives who live in the United States.

But, to obtain lawful permanent residency you must follow various immigration procedures and laws. Some people make a big mistake here.

Immigration authorities may approve or deny family-based immigration applications depending on the criteria that are met. It is important to consult an immigration lawyer if you are unsure of any rules. Understanding and avoiding the possible factors leading to denial can assist immigrants in achieving the results they are seeking. Here are the top five reasons why family-based applications for immigration are rejected, as well as tips on how to avoid them.

1. Insufficient Documentation to Prove a Relationship

When submitting a family-based application, the applicant must show evidence that the relationship is real.

In marriage cases, for example, the applicant must prove there is a genuine relationship. Immigration officials will likely deny applications if they believe that the applicants have a plan to bypass the U.S. visa process.

The following reasons can lead to the refusal of an application:

  • Absence of supporting documents
  • The responses of the applicants seem incoherent and incomplete.
  • Interviews that are suspicious and raise more questions then answers
  • Couples may be required to provide copies of their bank statements. Collect enough documentation to show that there is a relationship.

    2.

    Failing to meet income requirements

    Many applications for family-based immigration are rejected because the petitioners can’t prove that they have enough money. It’s best to show that you have enough income to sustain the person or persons they are bringing to the U.S.

  • The petitioner does not meet the requirements for income stated in the support affidavit
  • Missing documents containing information on a petitioner’s income
  • No joint sponsors could be found
  • This requirement was primarily designed to keep applicants from becoming dependent on government assistance.

    3. Correctly filed application

    Even small errors can lead to a denial.

    Most applications are rejected because they contain the following errors:

    • Documents missing signatures
    • Discrepancies between different forms or documents
    • Use of old forms

    Information on all immigration documents must be accurate and complete.

    A difference between documents and forms can invalidate a request.

    4. Inadmissibility or Immigration Violations

    The applicant should be truthful about any previous visit to the U.S., and provide accurate information regarding their criminal or immigration records. Failure to do so may lead the application being denied.

    Applications may be refused on the basis of:

  • Overstaying visa
  • Entry into the U.S. Without a Visa
  • Deportation to the U.S.
  • It may be possible in some instances to get a waiver allowing an applicant to stay. The process of providing additional documentation may be lengthy. Before starting, it’s best that you consult an immigration attorney to clarify any questions.

    5. The failure to meet deadlines and refuse to provide additional information

    Missing deadlines is a serious offense.

    An application may be denied if, for example:

    • A request for proof is ignored by a candidate
    • Missing an appointment to interview
    • The applicant does not submit the additional documents in a timely manner

    Missing deadlines is more harmful than helpful. It is important to submit information as quickly as possible.

    The family-based visa is an important tool to obtain permanent residency in the U.S. This process does require immigrants to be honest and adhere to the rules. Even minor errors can lead them into denial.

    Retaining the services of a lawyer in immigration law can prove to be an excellent decision, as it will help avoid issues that can complicate and derail the process.

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