Family-based immigration is one of the most meaningful ways to reunite with loved ones—but it’s not always as simple as it seems. Even small missteps can lead to long delays or even denials. At Bogin, Munns & Munns, our immigration attorneys frequently see families encounter the same avoidable issues. Here are the top five mistakes—and how you can avoid them.
1. Submitting Incomplete Applications
It may sound basic, but many I-130 petitions are delayed or rejected due to missing information, unsigned forms, or lack of supporting documents. Even one blank field or forgotten signature can trigger a Request for Evidence (RFE), slowing down the process by weeks or months.
Tip: Double-check every section before submission, and don’t forget to include required documents like birth certificates, marriage licenses, and proof of status.
2. Not Providing Proof of a Bona Fide Relationship
U.S. Citizenship and Immigration Services (USCIS) requires convincing evidence that the relationship between the sponsor and beneficiary is genuine. This is especially critical in marriage-based petitions, which receive heightened scrutiny.
Examples of helpful documentation:
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Joint bank accounts or utility bills
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Photos together over time
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Lease or mortgage documents with both names
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Affidavits from friends or relatives who can vouch for your relationship
3. Overlooking Financial Sponsorship Requirements
The sponsoring relative must meet certain income thresholds to demonstrate financial ability to support the immigrant. Failure to submit a complete and accurate Form I-864 (Affidavit of Support)—or failing to meet the income guidelines—can result in a denial.
Tip: Include recent tax returns, pay stubs, and employment verification to clearly show financial stability.
4. Delaying Responses to USCIS
If you receive an RFE or Notice of Intent to Deny (NOID), time is of the essence. These notices typically come with tight deadlines—and if you miss them, your petition could be denied.
Tip: Respond thoroughly and before the deadline, ideally with the help of an immigration attorney to ensure your response addresses all concerns.
5. Choosing the Wrong Immigration Pathway
Some relatives already in the U.S. may be eligible for Adjustment of Status, while others outside the country will need to go through Consular Processing. Choosing the wrong path can lead to delays, increased costs, or even inadmissibility.
Tip: Carefully assess your relative’s current immigration status and consult with a professional to determine the right approach.
Let Us Help You Avoid Costly Mistakes
A successful family-based immigration case starts with a strong, error-free petition. The experienced immigration attorneys at Bogin, Munns & Munns can help you navigate every step with confidence and clarity.
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