by Kasey Husk
For many, the prospect of obtaining permanent residency in the United States is a dream. You submit a status petition in the United States with so much hope, imagining a future where you can be secure and prosperous in your adopted country. However, receiving a notice from USCIS telling you that your immigration petition has been denied can turn that dream into your worst nightmare. For a prospective immigrant who receives a denial notice, the main question will always be: why?
The answer is not always so easy to understand. Filing a status petition in the United States can be a deeply stressful task, regardless of whether you are trying to adjust your status based on a family petition, filing a Violence Against Women Act (VAWA) self-petition, or seeking protection through a T or U visa. Often, these processes seem confusing. If that is you, you are not alone. That is why it is absolutely vital to begin your immigration process with a highly experienced immigration lawyer by your side. Immigration law is very complex and ever-changing. At Eagan Immigration, our attorneys spend their days navigating the ins and outs of this complicated system. There are few situations they have not had to navigate at some point in their careers. Eagan attorneys can also help you avoid these common pitfalls that most frequently lead to denial:
Seven reasons why your immigration petition may have been denied
- He made a mistake when filing a petition. Immigration paperwork is complicated, and it is easy to make a mistake, especially if you are not familiar with the terminology used by USCIS. If you have made a mistake somewhere within the numerous forms you have been asked to fill out, or perhaps you have not submitted the required payments or documents, your petition may be rejected or outright denied.
- You are not eligible for the petition you requested. Each type of immigration petition has different requirements, and understanding the details of each can be complicated. Details that may seem inconsequential, such as the specific dates and circumstances of your entries into the United States, can completely change whether you are eligible for some types of petitions. Entries and exits made before April 1, 1997, for example, are treated differently than entries made after these dates. It is complicated by design, and if you do not have an attorney who understands all the nuances of the law, it is easy to make a mistake. Mistakes can mean losing your money and years of your time waiting to hear back about a petition you were never qualified to receive in the first place.
- You have not provided a sufficient amount of evidence for the type of request you have made. Even when you are eligible for a specific type of visa or waiver that will allow you to obtain status in the United States, you still need to prove it. USCIS will look at every petition with a certain level of skepticism, so it is up to you (and, ideally, your qualified legal counsel) to convince them that you deserve approval. To handle this, you need to understand exactly what it is you are trying to prove. For example, an I-601A petition required you to demonstrate extreme and unusual difficulties to a qualified relative, not just normal problems that arise from separation. If you find that your petition has been denied, USCIS may not believe that you have provided sufficient evidence to support your case. You may receive a Request for Evidence from USCIS prior to the denial, which gives you a second chance to present your case. However, if you do not meet the standard of proof they are looking for after that, you can expect a denial.
- USCIS does not believe your marriage was entered into in good faith. For a marriage-based petition, applicants must provide ample evidence that their marriage was made for love, not for an immigration benefit. That means providing evidence of your courtship and marriage, which could include family photos, proof that you live at the same address, joint bank accounts or bills demonstrating your shared life together, statements from each partner describing your relationship, or affidavits from others testifying that your marriage is legitimate. For the average person, it is rarely easy to know which documents to include in your petition. That is where an attorney comes in. At Eagan Immigration, we file dozens of petitions on behalf of our clients each month. We know what documents you need to prevent the legitimacy of your marriage from being questioned.
- He has a criminal record that makes him ineligible. Everyone makes mistakes. Some past criminal convictions are minor enough not to affect your immigration status, but others can be a serious concern when your case is reviewed by an immigration officer. Crimes involving “moral turpitude”—that is, crimes against people such as assault, sex crimes, child abuse, kidnapping, or other violent crimes—will generally disqualify applicants. Drug trafficking can also disqualify you. That doesn’t mean you’re out of luck if you have a past criminal conviction, but whether or not you can obtain a waiver for your criminal record will depend on a variety of factors, including the circumstances, the time that has elapsed since your offense, and the evidence you can provide that you have been rehabilitated. When starting the immigration process, the most important thing is to be transparent. No matter how minor an offense may have been or how long ago it occurred, you must inform your attorney about it. Yes, that includes speeding tickets! Knowledge is power, and if your attorney is aware of your past, they can help you figure out how to move forward. Otherwise, you run the risk of having your application denied.
- You represented yourself as a United States citizen or lawful permanent resident at any time in the past. USCIS takes the issue of misrepresentation seriously, especially if you portrayed yourself as a U.S. citizen to obtain an immigration benefit. This is another situation where it is absolutely vital that you work with an experienced immigration attorney, because they will know the right questions to ask to determine whether you have ever posed as a citizen or resident. In some cases, it may not even be obvious that you’ve done this. For example, you could be making a false claim of being a U.S. citizen simply by checking the wrong box on a job application. If you ever claimed to be a lawful permanent resident at a border crossing, this will be treated the same way. Waivers are sometimes available for misrepresentation, but an attorney can only help you file for them if you’re open with them about your past. Don’t make the mistake of thinking that USCIS won’t find out about something you’ve done, because failure to disclose could result in a denial.
- You have a history of immigration violations. The rules governing inadmissibility to the United States are extremely complicated, and decisions made in the distant past can have a massive impact on the outcome of your immigration petition today. If you have ever been in deportation proceedings in the United States, that will affect your ability to be approved later on, even for a petition based on family ties or marriage. In many cases, an immigration attorney can present a case to secure an exemption for you. They can also request to reopen your previous case and have it dismissed, clearing the way for a future adjustment of status. However, as with all the situations mentioned above, if you do not plan properly in advance, you run the risk of being denied.
So, what do I do if my immigration petition is denied?
No immigration case is a “sure thing,” no matter what anyone tells you. USCIS issues denials across the United States every day. However, if you receive a denial, don’t despair. While this is a difficult situation, all hope is not lost. Your attorney can help you file an appeal of the USCIS decision, or even refile your petition with corrected information or new evidence. In other cases, your immigration attorney can help you determine whether a different type of petition would be more appropriate for your situation.
Whether you’re just beginning the process of seeking status in the United States or are dealing with a recent denial, the most important thing you can do is find a qualified immigration attorney who can help you understand your options. Your future in the United States is too important to leave in the hands of anyone other than a professional.
No matter where you are on your journey toward achieving legal status in the United States, Eagan Immigration is here to help you.
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
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