The United States has long been a beacon of hope and freedom for people around the world, so it’s no wonder that citizens with foreign family members are so willing to help them get visas to join them in the country. The family sponsorship process is one of the best ways to make that happen, but it can be an emotional and frustrating process. The hope of reuniting can be crushed by a visa petition or application being denied, but there are often options to challenge that decision or reapply. It all depends on the reason for the refusal.
There are many reasons why U.S. Citizenship and Immigration Services (USCIS) may deny a family visa petition (Form I-130). The most common include forms that are incomplete, missing documentation, failure to prove a qualifying family relationship, or insufficient evidence that a marriage is genuine. Other denials involve specifics about eligibility as a petitioner, such as not meeting income requirements or the applicant’s inadmissibility due to their criminal history, immigration violations, or health concerns.
If the National Visa Center (NVC) or a U.S. consulate denies a visa during consular processing, the reasons why will be provided in writing, along with the denial. Carefully reviewing this information will serve as a guide for your next steps.
If USCIS denies your Form I-130 petition, you may be able to appeal their decision directly to the Board of Immigration Appeals (BIA). These appeals usually need to be filed within 30 days of the decision. Alternatively, you can file a motion to reopen or reconsider with USCIS, especially if you believe that there was a legal or factual error in their original decision, or you can present new evidence to shift their position.
Unfortunately, if the denial of your sponsorship application comes from a U.S. consulate abroad, your options for an appeal are much more limited. Consular decisions are generally not subject to formal appeal, though it may be possible to file a new petition or request for reconsideration if you think you can address the original reasons for refusal.
A denial doesn’t have to mean the end of your family’s immigration journey. If you understand why your case was refused, an experienced attorney may be able to provide you with the guidance you need to reapply and eventually achieve reunification with your family. For immediate assistance, contact our firm today.