Immigration Frustrations: The 10 Mistakes to Avoid When Filing for a Visa or Permanent Residency for Spouse, Fiancé(e), or Loved Ones

Transcription

1 Immigration Frustrations: The 10 Mistakes to Avoid When Filing for a Visa or Permanent Residency for Spouse, Fiancé(e), or Loved Ones If you have a spouse, fiancé(e), or loved one who you would like to help come to the country, it is important to be extremely careful when filing for their visa or permanent residency. There are many small mistakes that can cost the application a significant delay in the process, or have the application denied altogether. The following are some of the most common mistakes that people make, and what can be done to avoid them.

2 #10 - Applying for Ineligible Family Members When attempting to bring a loved one into the country, there are limitations on which family members are permitted, or what steps they need to go through. Immediate family members, such as a spouse, along with any unmarried children under the age of 21, are given preferential status and are not subject to the annual limit on immigrant visas. Currently, other family members are given family preference based on categories of relatives: First Preference - Unmarried sons and daughters of U.S. citizens. Second Preference - Spouse, minor children, and unmarried sons and daughters of permanent residents. Third Preference - Married sons and daughters of U.S. citizens, along with their spouse and minor children. Fourth Preference - Siblings of a U.S. citizen along with their spouse and minor children. Please note that the so-called immigration reform that is being considered by the U.S. House of Representatives will eliminate most of these categories if passed. Keeping up with any change in the law is important, and one advantage is having an experienced immigration attorney at your side.

3 #9 - Seeking New Residence for Someone Already in the United States If you have a loved one who is here on a work or education visa and you want to help them to stay in the country permanently, you need to apply for an adjustment of status. This process may vary greatly depending on your own status, how they entered the country and the type of visa they have, so applying incorrectly will needlessly delay the process and may result in denial and sometimes removal from the United States. The process is entirely different if your loved one entered the U.S. without inspection. #8 - Failing to Properly Fill Out Application Whether you are applying for a K-1 Visa for your fiancé(e), an adjustment of status for a family member, or any other type of visa, you will need to complete the proper applications. Each of these applications is unique, and will require a different set of very specific information about you and the applicant. This can become especially confusing when you are working on immigration paperwork for multiple family members. Taking the time to ensure each application is filled out correctly is critical for avoiding delays or denials on your application. We can help you with this process. #7 - Missing Translations If you are filling out any documents or forms in a language other than English, you need to include a certified translation. Documents submitted without a certified translation will be denied, which could

4 result in a delay in the process by as much as six months on this issue alone. #6 - Falling for a Scam As a rule of thumb, if something seems too good to be true, it probably is. There are many scammers and fraudsters out there who prey on those who are attempting to immigrate or bring their loved ones into the United States. If you fall victim to one of these scams and something goes wrong, there is nothing that the courts can do to help. Hiring an attorney to fix the issue later, when it is possible, will be more costly and time-consuming than if you would have hired an attorney in the first place. A notario is not an attorney. #5 - Missing Forms In most cases, applying for a green card involves about 7-8 forms with about 40 pages, not just Form I-485. If any of the required forms are missing, the entire application will likely be rejected, resulting in significant delays. A one-step filing, if eligible, can save you years in processing time and ensures you do not miss any of the required forms. #4 - Change in Immigration Status There are times when you are looking to sponsor a relative to become a permanent resident while they are in the U.S. on a temporary visa. If their visa expires (without being renewed) or is revoked, it can have a negative impact on how the new application proceeds and may cause it

5 to get rejected. To the extent possible, it is important to keep their visas current throughout the process of applying for permanent residency. #3 - Insufficient Income Your financial sponsor must meet certain income requirements in order to qualify. If these requirements are not met, your sponsor needs to qualify based on their assets, or you may need to have a joint sponsor. Make sure you read all the instructions very carefully as this is a common cause for a Request for Evidence by the USCIS. #2 - Denial Due to Errors by USCIS Even if you do everything properly on your part, it is possible that an application will be denied incorrectly, due to errors made on the part of the USCIS. When this happens, it is important to act quickly to file an appeal or a motion to reopen the case. Sometimes the USCIS loses a check for payment, spells a name incorrectly, enters information into their system incorrectly, or fails to send out a notice of a hearing. Having your attorney file the appeal paperwork is something that must be done right away. #1 - Lying & Misinformation Any misspellings or misrepresentations on any forms may be construed against you as a lie or providing false information. Pay close attention to the names, addresses, employment history, criminal history, and immigration history. If you make any mistakes or leave information out,

6 not only will your application be denied, but you may also be placed in removal proceedings. Bonus - Failing to Get the Help You Need The immigration process is complicated and confusing in the best of circumstances, and trying to navigate it on your own is one of the biggest mistakes you could make. If you are trying to help a loved one to obtain obtain a change of status or qualify for permanent residency, please visit our contact us page or give us a call at (954)