An I-130 denial, although painful, does not necessarily mean the end. The I-130 Family-based Petition is the start of the immigration process to receive a Green Card for an alien relative. The purpose of the petition is to establish a “qualifying relationship.” Usually, a denial occurs because, procedurally, the fee may have been incorrect or there was missing supporting documents. A possible reason for the denial may be because you, the petitioner, do not qualify; however, this reason is rare because the whole purpose of this petition means that there is a spousal, child-parent, or sibling relationship.
After a denial, many questions occur. The first question is why the I-130 was denied. USCIS provides a written explanation, which may be legible, but most compare it to Greek. In all honestly, letting an Immigration Attorney review the denial and explanation may be the best option for anyone who is confused.
The second question is could this lead to deportation, if the family member is in the United States? The answer to this is that it could lead to deportation. After all, you probably provided the name and address of your family member. If this is a concern, then it is a very wise move to speak to a lawyer.
The third question is what is next? You can refile or appeal. Generally, I-130 petitions are denied for missing an important document or missing payment. An appeal would likely waste time, because the appeal reviews what was already given, it does not reset everything. This leads to the idea of refiling. Refiling an I-130 petition allows everything to be started anew. Although, if you failed at filing once, you should definitely speak with a local immigration attorney as not to repeat the same mistakes.
If you have any questions or concerns, please feel free to call Fickey Martinez Law Firm at (910) 526-0066 or email us at attorney@fickeymartinezlaw.com.
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