When someone gets their legal status, be it residency or citizenship, this creates an opportunity to request visas for some family members to come to the United States or to fix their immigration status if they are already in the country. Check our article on family petitions here to know more about these options.
You are not required to have a lawyer to request a family visa; however, the process is complex and requires great attention to detail since a mistake could jeopardize the result of the petition.
Here are some reasons why a family visa petition could get denied:
1. Lying in your application
If you deliberately lie in any of the processes, from the initial forms to the final interview, this may generate doubts about the integrity of ALL the information provided or your moral qualities, which will influence USCIS´s final discretional decision.
2. Providing inaccurate information
You may not remember some details of your immigration history. If that’s the case, verify the information through an official record or reliable source before including that information on your application. We all make mistakes; however, including “approximate” data could compromise the credibility of your declarations and intentions.
3. Unlawful presence
If the petitioned beneficiary has been present if the United States without permission for more than three months and exits the country (even if it is to attend a consulate interview), they will trigger a ban for unlawful presence. A beneficiary with a previous ban from entering the U.S. must wait outside the country until the designated period ends, even if they comply with all other requirements. A ban can come from previous deportation, unlawful presence, or other reasons.
4. Criminal history
USCIS will request criminal records of the beneficiary from both the U.S. and their home country. However, this doesn’t mean any incident will automatically generate a negative response. USCIS will pay special attention to crimes considered aggravated felonies for immigration law purposes, involving moral turpitude, or related to drugs.
If you have a criminal record, you must demonstrate they were isolated incidents and /or have had a visible change to become a good citizen. These changes will show that your visa will generate more benefits than risks to the country.
5. Insufficient evidence
It is not enough to fulfill the requirements; you must submit all the legal and official documents to prove compliance (certified translations of documents, original signatures, financial support evidence, etc.). If there is doubt at any point, USCIS may request additional evidence or deny your request.
You can avoid many of these problems if you get advice from a professional. An immigration attorney can evaluate your case to identify possible disadvantages in your history and propose alternatives or solutions.
An experienced immigration firm will also help you avoid common mistakes in filling out the forms and help you prepare the necessary documents and evidence.
At Armstrong Legal, we would love to hear about your personal immigration story and guide you through reuniting your family.
Our office is in Dallas, Texas, but we also offer telephone and virtual consultations. Call us at (469) 844-0020 and schedule a consultation. We will be happy to help!
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