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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