Why can an I-130 application be rejected?

[james12 0]

I am wondering what the reasons are for an I-130 to be rejected, is it simply down to misinformation when filling out the form or can it be something like not having a good enough reason to move to America from your current country?

[JFH 12,189]

Many reasons...

Ineligibility (relationship between you and the US citizen does not qualify - e.g uncle/nephew), USC is underage, marriage is not legal, Adam Walsh Act (the US citizen has committed certain crimes in the past that make him/her ineligible to petition for a family member), previously been banned or removed from the US (although this can usually be overcome with waivers depending on the circumstances and time elapsed), or if they suspect (in the case of a spousal visa) that the marriage has been performed purely to gain a green card (that's why you have to provide lots of proof that the marriage is genuine).

Bear in mind the I-130 is just the first hurdle. The next stage looks at other things that the I-130 doesn't (criminal history of the applicant, financial situation of the US citizen). Having an approved I-130 doesn't mean you will get a visa. There is also the medical exam and the interview to get through.

What are your circumstances? Are you a spouse, parent, child or sibling of a US citizen? What are your concerns?

[JFH 12,189]

Just read through a few of your past posts. Is that right that you are a sibling and your brother is petitioning? Good luck. You have a very long wait ahead of you. Could be over 20 years.

[james12 0]

Many reasons...

Ineligibility (relationship between you and the US citizen does not qualify - e.g uncle/nephew), USC is underage, marriage is not legal, Adam Walsh Act (the US citizen has committed certain crimes in the past that make him/her ineligible to petition for a family member), previously been banned or removed from the US (although this can usually be overcome with waivers depending on the circumstances and time elapsed), or if they suspect (in the case of a spousal visa) that the marriage has been performed purely to gain a green card (that's why you have to provide lots of proof that the marriage is genuine).

Bear in mind the I-130 is just the first hurdle. The next stage looks at other things that the I-130 doesn't (criminal history of the applicant, financial situation of the US citizen). Having an approved I-130 doesn't mean you will get a visa. There is also the medical exam and the interview to get through.

What are your circumstances? Are you a spouse, parent, child or sibling of a US citizen? What are your concerns?

Im the sibling, a family member said that it may not be that simple as it says on the form and I wanted to have this cleared up.

[JFH 12,189]

The I-130 is just a petition. All it is is a request to the government for permission for you to apply for a visa. It is mostly about the petitioner (the US citizen) and his/her reasons for wanting you to come. Family visas are exactly that - to bring families together. That alone is the reason for applying. So they check the validity of your family relationship - they check the birth certificates to make sure you are the same family.

Answer all the questions fully and truthfully. If you are rejected, there will be a very good reason and an avenue of appeal. It won't necessarily be the end of the road.

Edited February 19, 2016 by JFH

[Penguin_ie 5,986]

Actually, sibling visas are pretty easy to get if you are biological siblings and spend time together as kids (and you are not banned due to drugs, overstay etc). The visa interview is usually very fast.

The problem with these is the long wait till your priority date comes up.

[JFH 12,189]

Yes, low-fraud country and if they are genuine siblings who grew up together there should be no issue. I don't understand what the op is so worried about. Unless we don't have the full story?

I'd be more concerned about the length of the wait!

[james12 0]

Yes, low-fraud country and if they are genuine siblings who grew up together there should be no issue. I don't understand what the op is so worried about. Unless we don't have the full story?

I'd be more concerned about the length of the wait!

Just wanted to know if there are any hidden reasons as to why it could be denied but if that is all then I've had it cleared up, thank you

[newacct 688]

Many reasons...

Ineligibility (relationship between you and the US citizen does not qualify - e.g uncle/nephew), USC is underage, marriage is not legal, Adam Walsh Act (the US citizen has committed certain crimes in the past that make him/her ineligible to petition for a family member), previously been banned or removed from the US (although this can usually be overcome with waivers depending on the circumstances and time elapsed), or if they suspect (in the case of a spousal visa) that the marriage has been performed purely to gain a green card (that's why you have to provide lots of proof that the marriage is genuine).

Bear in mind the I-130 is just the first hurdle. The next stage looks at other things that the I-130 doesn't (criminal history of the applicant, financial situation of the US citizen). Having an approved I-130 doesn't mean you will get a visa. There is also the medical exam and the interview to get through.

What are your circumstances? Are you a spouse, parent, child or sibling of a US citizen? What are your concerns?

Inadmissibility should not be relevant for a petition. The petition is only for whether someone can immigrate on this relationship in the future. Inadmissibility only affects the actual AOS or CP process.

[Russ&Caro 1,548]

Yes, low-fraud country and if they are genuine siblings who grew up together there should be no issue. I don't understand what the op is so worried about. Unless we don't have the full story?

I'd be more concerned about the length of the wait!

One thing to consider is if you have a long wait and you really want to immigrate after waiting X years, then you'll probably want to keep your nose clean for the duration. Avoid drugs in general. If you do drugs, don't make it a habit. Avoid sexual partners that are young. Do not physically abuse a romantic partner. These are some of the obvious traps. Generally, just stay out of the courts.

From a career standpoint, use the time to get international certifications within your field. Get another degree, if possible.

[Gafelkins56 2]

I read the thread.how much proof to send to usic?? I sent three ir four things in application.I have much more fir interview an such.thx