Home  »  Knowledge base  »  How often is the I-130 petition denied?

Not very often, but it happens. USCIS can deny or reject your Form I-130, Petition for Alien Relative, if they have sound reasons for that. The reasons for denial can vary, but usually they are avertable. So the best way to avoid rejection/denial is to prepare a complete and accurate petition following Instructions for Form I-130, Petition for Alien Relative (https://www.uscis.gov/i-130).

The most common reasons for Form I-130 denial include:

– Failure to fulfill the eligibility requirements. Your I-130 petition will be definitely denied if you are not eligible to file I-130 petition in the first place, or if the beneficiary does not have an eligible family relationship to you (immediate relative or family preference category). Thus, the petitioner must include proof of his/her status and sufficient evidence of the family relationship.

– Insufficient information. Your I-130 petition may be denied if you did not provide enough information, filled out not all the required fields of Form I-130, if there are any mistakes/omissions in your petition, or if you provided poor quality photocopies of the supporting documents. Also, it is obligatory to accompany foreign language documents with a certified translation into the English language. However, usually in such cases, first you will receive a request for evidence giving you an opportunity to solve the problem. And in case you fail to respond to the request, USCIS will deny your petition. Anyway, it will cause a delay in the process and may result in additional expenses.

In rare cases USCIS can make a mistake on their end, for example, lose documents or simply overlook the facts.

In some cases, it is sufficient to simply file an explanation or a new corrected Form I-130. In other cases, to overcome the grounds for denial, you should turn to an immigration attorney for help. Anyway, denial of I-130 petition should be taken seriously as sometimes it can lead to endangerment of any future petitions by the same petitioner and beneficiary.

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