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Common errors corrected in visa petition filing


Scores of visa petitions for relatives and loved ones are rejected and sent back to the petitioner because of errors in filling up the forms and/or failure to submit the required documents. Most of these errors can be avoided by reading the instructions carefully, but in many cases even if the petitioner reads the instructions carefully, there will still be errors because the instructions are not line by line or are not clear. Here are the most common:

1. Failure to sign the petition. To avoid this problem, petitioner must sign the petition before filling it out.

2. Failure to send the filing fee or the correct amount of filing fee. To avoid this, check the instructions for the correct amount and double check by going to the USCIS website at www.uscis.gov or by calling 1-800-375-5283 because the instructions might not have been updated to show the correct amount. In one case the petitioner sent a check for $450 although the correct fee was $420. The check was returned with a note to send the correct amount. The petitioner wrote a check for $420 but did not sign it. The petition was returned again.

3. Failure to answer every question and to fill every line. If the question is not applicable petitioner should write “Not Applicable” or “N/A”. Do not just leave it blank. Do not write “Not Applicable” when the correct answer is “No” or “None”. For example if the question is “Name of prior spouse” the answer is “None” if such is the case, not “N/A”. The next question is “Date marriage ended”. If there was no prior marriage, the correct answer is “N/A”.

4. Failure to put an “X” on relevant boxes. For example, the first box requiring an answer in Form I-130 is: “I am filing this petition for my:
  Spouse   Parent   Brother/Sister    Child. Petitioner must put an “X” on the appropriate box otherwise USCIS will not know your relationship to the person being petitioned and whether the documents you are submitting are sufficient to meet the requirements. Another important box is the marital status of the petitioner’s relative. If it is left blank, USCIS will suspect you are hiding something and will return the petition. If petitioner puts an “X” on “Single” when in fact the relative is “Married”, the petitioner will be considered a fraudster, not the relative who had no hand in preparing the petition.

5. Failure to submit sufficient documentation to establish the family relationship between petitioner and the alien beneficiary. For example, when petitioning for a spouse, the instructions list four basic supporting documents to be submitted: (A) marriage certificate, (B) documents evidencing termination of prior marriages, if any, (C) passport-style color photographs of petitioner and beneficiary, and (D) Form G325A for petitioner and beneficiary. But many petitioners fail to submit the additional documentation specified to evidence the bona fides of the marriage which are listed in the instructions marked E to J. When petitioning for an illegitimate child and petitioner is the father, submitting the child’s birth certificate with petitioner’s name is not enough, but petitioner must submit evidence that the child was legitimated before the child was 18 years old, plus evidence of a bona fide parent-child relationship, support, and continuing parental interest in the child’s welfare.

6. Failure to file a separate petition for each eligible relative. If petitioner is a U.S. citizen or permanent resident, petitioner must file a separate petition for petitioner’s spouse, unmarried child under age 21, and unmarried son or daughter age 21 or older. There are exceptions to this requirement as specified in the instructions.

RECOMMENDATION: It is better to hire an experienced attorney to help you prepare the visa petition. The average fee is $500. Is that too much to pay for being together with your loved one sooner than later? What if the spouse you left behind becomes lonely and meets a glib tongued playboy who convinces her that you really don’t care to petition her otherwise you could have had the petition approved within a year, and she believes him and they go out dating? Masakit, kuya Eddie.

(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Websites:  www.MilitaryandCriminalLaw.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, interesting, and useful radio program in Hawaii on KNDI at 1270 AM dial every Thursday at 7:30 a.m. This article is a general overview of the subject matter discussed and is not intended as legal advice. No attorney-client relationship is established between the writer and readers relying upon and/or acting pursuant to the contents of this article.)

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