Common reasons why a family-based application for permanent residence could also be denied by USCIS. Each year the U.S. Government allows thousands of individuals to enter U.s. with permanent resident status. Permanent residence is symbolized with a card, most ordinarily mentioned as positive identification.
Reasons For A Positive Application.
But the govt also denies thousands of positive identification applications. There are several possible factors for a positive identification application denial.
The explanations vary from no basis for eligibility to grounds of inadmissibility to failure to properly affect the appliance requirements.
What’s more, a replacement policy broadens the powers of immigration officials to deny applications without first issuing a warning.
This article is concentrated on USCIS denials of family-based applications for positive identification.
The article doesn’t address the extra paths to get a positive identification (i.e. employment, investment, lottery, etc.), but many of the denial reasons could also be equivalent.
Family-based positive identification cases have two major components. First, the U.S. loved one must file Form I-130, Petition for Alien Relative, to determine a qualifying relationship with the foreign national relative.
Then, with an approved I-130 petition and availability of an immigrant visa, the foreign national may then apply for the positive identification through one among two paths: consular processing or adjustment of status.
Consular processing refers to the appliance of a positive identification outside us at a U.S. embassy or consulate.
Adjustment of status is that the process of applying for a positive identification while inside U.s.
Applicants use Form I-485, Application to Register Permanent Residence or Adjust Status. Not every applicant may adjust status.
Family-Based Immigration within the U.s.
Each year U.S. Citizenship and Immigration Services (USCIS) denies thousands of positive identification applications.
In the financial year 2018, data shows that USCIS received a complete of 835,972 petitions for alien relatives (Form I-130) and also denied 52,868.
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During an equivalent period, USCIS received 334,182 family-based applications to regulate status (Form I-485) and denied 39,836 applications.
That’s nearly 12% of received applications and represents a rise over the previous period. Family-based applications for positive identification have supported a kinship with a U.S. citizen or lawful permanent resident.
Ineligibility Reasons for a positive identification Application Denial
U.S. immigration law narrowly defines eligibility for a family-based positive identification. meaning there’s little or no room for interpretation.
The great news is that you simply can quickly determine if you’re eligible for a family-based positive identification.
U.S. citizens and lawful permanent residents can petition for a limited list of relations.
But not all relations are eligible for this privilege. U.S. citizens may petition a spouse, son, daughter, brother, sister, or parent. A lawful permanent resident may only petition a spouse or unmarried son or daughter.
It is impossible to directly petition one’s grandparents, aunts, uncles, nieces, nephews, and more extended relationships through the family-based system.
An unlimited number of immigrant visas (green cards) are often issued to immigrants who are immediate relatives of U.S. citizens.
In other words, there’s always an immigrant visa available for the spouse, unmarried child, or parent of a U.S. citizen.
Although there’s “no wait” for an instantaneous relative immigrant visa, there’s still a process that will presumably take several months.
But rules apply to every relationship type.
The immediate relative categories include Spouse of a U.S. citizen (including same-sex couples whose marriage is legal within the state or country where it took place)
- Unmarried child (under 21 years of age) of a U.S. citizen
- Orphan adopted abroad by a U.S. citizen
- Orphan to be adopted within U.s. by a U.S. citizen
- Parent of a U.S. citizen (who is a minimum of 21 years old)
Petitioning a relative with an adoptive relationship is often tricky. The adoption must have taken place before the kid reached the age of 16.
All immigration rules governing natural parents and youngsters apply to adoptive relatives, but there are some additional procedures to be followed.
When petitioning a relative with an adoptive relationship, it’s generally best to consult an immigration attorney.
U.S. citizens also are just a couple of steps far away from a positive identification. The couple may marry outside the U.S.
Then the foreign national spouse may apply because the spouse is a U.S. citizen.
But if the fiancé is overseas and therefore the couple wants to urge married within the U.S., they need to first apply for a nonimmigrant visa called a K-1 fiancé visa.
After marriage within the permitted 90-day period, the foreign national spouse may adjust status to permanent resident.
The family preference categories for an immigrant visa include other relationships for U.S. citizens and lawful permanent residents.
Congress puts numerical limits on immigrant visas for the family preference categories. In other words, a limited number of green cards are available to family preference applicants annually.
Some categories will wait a few years to urge a positive identification. Immigration law prioritizes family preference categories within the following order.