Submitting family immigration applications can feel like the first step toward a long-awaited reunion or new beginning. However, many applicants hit an unexpected wall. Thousands of applications get denied annually, and often for reasons that could have been avoided with legal guidance.
Understanding why family immigration gets denied can be challenging. Contact an immigration lawyer as soon as possible to avoid denial.
9 Reasons Why Family Immigration Gets Denied
As hopeful as the process may be, here are some common reasons USCIS denies family immigration applications.
1. Insufficient Evidence of Genuine Relationship
The number one reason why family immigration gets denied is insufficient evidence of a genuine relationship. The USCIS scrutinizes each application to ensure legitimacy, so they look for the following proof:
- Joint bank accounts, lease agreements, tax filings
- Photos together over time
- Consistent communication
- Affidavits from friends and family
- Evidence of cohabitation
So, what raises red flags? These things:
- A rushed or recent marriage
- Major differences in age, language, or cultural background
- Inconsistent answers during interviews
2. Mistakes or Incomplete Forms
Many family immigration applications get denied because of a simple clerical error. USCIS forms are dense, detailed, and unforgiving. A missing signature, an unchecked box, or an incorrect fee can be all it takes to derail the process.
Avoid this by working with an experienced immigration lawyer to carefully review the forms and ensure you’re using the most recent versions. Sometimes, it’s not just about the complexity. It’s about the details.
3. Missing Financial Documents
A petitioner must prove they can financially support a relative, and failing to meet the minimum income threshold can cause immediate application denial. USCIS requires Form I-864, which must be backed by the following documentation:
- Tax returns for the last 3 years
- W-2s or 1099s
- Pay stubs
- Employment verification
- Proof of assets
If income is insufficient, a joint sponsor may be required. However, that person must also meet the minimum requirements listed above.
4. Prior Immigration Violations or Criminal History
Applicants with a history of overstaying a visa, working without authorization, or entering the U.S. illegally can be swiftly denied on family immigration applications. The same goes for criminal history, especially offenses involving moral turpitude or drugs.
5. Inadmissibility on Health or Security Grounds
A denied family immigration application may stem from a health issue or security concern, including not receiving vaccinations, having a communicable disease, failing a medical exam, or being affiliated with certain groups considered national security risks.
6. Failure to Attend Hearings or Provide Evidence
USCIS doesn’t chase people, so if you miss a scheduled interview or fail to respond to a Request for Evidence (RFE), your application can be denied. Monitor your mail, attend all interviews, and work with an immigration lawyer to ensure nothing gets missed.
7. Improper or Unqualified Sponsorship
Only some individuals can petition for a family member. US citizens can file for spouses, children, parents, and siblings, but green card holders have fewer options. They’re typically limited to petitioning for spouses and unmarried children.
A family immigration application will be immediately denied if someone tries to sponsor a relative they aren’t legally allowed to sponsor. Also problematic is if the petitioner is under 18, not living in the US, or doesn’t have a valid immigration status.
8. Fraud or Misrepresentation
Lying or misrepresenting information on an immigration application can get a case swiftly denied. It can also cause long-term bans from entering the United States. Using fake documents, hiding previous marriages or children, misrepresenting past immigration history, or claiming to be single when married are common examples.
Fraud is taken very seriously by USCIS. If there’s an issue in your past, talk to an immigration lawyer before filing.
9. Failure to Maintain Lawful Status
Family members applying within the United States with an outdated status could get denied, depending on how long they’ve been out of status and what type of relationship is involved. Immediate relatives of US citizens may have more leniency, but others may need to return home and reapply through consular processing.
Need help with your family immigration application? Contact Lamb & Turner today.
