Strategies for Success in Family-Based Immigration Petitions

Are You Working Hard to Get Your Family into America?

Going through the American immigration process is a lofty task. It can take years to navigate, and when all is said and done, your chances of success are not 100%. There are many pitfalls you may come across during the immigration process, and messing up on any one of them can result in a denial of your petition.

Working through any type of immigration petition costs hundreds of dollars. These fees do not include legal fees, travel fees, or the required minimum income for the sponsoring family. If your petition is denied or you time out of the process, you will be responsible for paying those fees once again. This can quickly add up, resulting in you being priced out of reattempting your family-based immigration petition because you can’t afford to keep appealing or starting over.

How can you avoid this from happening to you and your family?

What Is a Family-Based Immigration Petition?

The United States Citizens and Immigration Services (USCIS) is responsible for the process of legal immigration into the United States. Immigrants and the families of immigrants will work primarily with USCIS in order to legally live in and work in the United States.

A family-based immigration petition is a process that allows a U.S. citizen or a lawful permanent resident, often referred to as a green card holder, to sponsor a foreign relative for a green card.

Suppose you are currently legally living in America, and you are trying to sponsor a foreign relative and help them legally become a permanent resident. In that case, you will be referred to as the “petitioner.” In order for you to become a petitioner, you must be living in America legally, either as a citizen or a permanent resident yourself.

The foreign relative you are trying to sponsor, who has hopes for becoming a permanent resident, is referred to as the “beneficiary.”
Beneficiaries can be anyone related to the petitioner, including spouses, children who are unmarried and under 21 years of age, parents if the petitioner is over 21, and siblings if the petitioner is over 21. A U.S. family who is hoping to adopt a child from a foreign country would also need to go through the family-based immigration petition process.

The average processing time for a family-based immigration petition can be as long as 25 months! This is why you should start the process as soon as possible.

What Strategies Can You Use to Improve Your Odds?

There are plenty of reasons to want your petition to succeed the first time you file it. You may be hoping to get your family member to the U.S. as soon as possible. Your time is limited, and you may not have time to attempt this process more than once. The same is true for your finances, and if your petition does not immediately succeed, you may be put into a position where you can not afford to try again.

What can you do to increase your odds of success? Try the following:

Prove Your Relationship to the Beneficiary

This is a critical step, as USCIS needs to be certain that the relationship is genuine and not just a means to immigrate. For different types of family relationships, specific evidence is required.

• For Spouses: The most important evidence is demonstrating a “bona fide marriage”. This means you must show that you and your spouse have a real life together, not just a legal document. USCIS looks for a combination of evidence, including:
  • Joint financial records, such as bank accounts, credit card statements, and joint tax returns.
  • Proof of shared residence, like a lease or mortgage agreement, and utility bills with both names.
  • Insurance policies (health, life, or auto) that name each other as beneficiaries.
  • Photos of you together over time, especially with friends and family, and from trips or significant life events.
  • Affidavits from friends, family, or employers who can attest to your marriage.
• For Parents and Children: The primary evidence is typically the child’s birth certificate listing the names of the parents. For stepparents and stepchildren, the marriage certificate of the biological parent and stepparent is also necessary, as well as proof that the marriage occurred before the child turned 18.
• For Siblings: You must provide copies of both the petitioner’s and the beneficiary’s birth certificates to show a common parent. If they have different parents, you may need to provide additional documents, such as a marriage certificate or adoption papers.

Prove Your Financial Stability

The petitioner must demonstrate that they have enough income and/or assets to support the beneficiary and their household, ensuring they will not become a “public charge.” This is done by filing Form I-864, Affidavit of Support.

• Income Requirement: The petitioner’s income must be at least 125% of the Federal Poverty Guidelines for their household size. This includes the petitioner, their dependents, and the beneficiary. (For active-duty U.S. military members sponsoring a spouse or child, the requirement is 100%.) The Poverty Guidelines are updated annually, so you should always check the most recent figures.
• What if I don’t meet the income requirement?
  • Assets: You can use assets, such as savings accounts, stocks, or real estate, to make up the difference. The value of these assets must be a certain multiple of the income shortfall (typically five times for spouses/children of U.S. citizens).
  • Household Members: You can include the income of other household members who are related by birth, marriage, or adoption and who agree to be financially responsible by signing Form I-864A, Contract Between Sponsor and Household Member.
  • Joint Sponsor: If you still don’t meet the requirements, a separate person can become a joint sponsor. This person must meet the income requirement on their own, separate from the petitioner, and will be legally and financially responsible for the beneficiary.

An Accurate Immigration Application

The immigration process involves a significant amount of paperwork, and mistakes can lead to costly delays or outright denial.

• Check and Recheck: It is crucial to double- and triple-check all information before submitting. Errors in names, dates, or addresses can trigger a Request for Evidence (RFE), which can add months to the processing time.
• Provide All Required Documents: Each form has a list of required supporting documents. Failing to provide these, or providing them without certified English translations, is a common reason for RFEs and denials.
• Be Consistent: Ensure that the information you provide on your forms is consistent with your supporting documents and with any past applications. Inconsistencies can raise red flags with USCIS and lead to intense scrutiny.

Get Legal Counsel for the Immigration Process

While not legally required, hiring an experienced immigration attorney is a powerful strategy to improve your odds of success.

• Expertise in Complex Cases: An attorney can help you navigate complex situations, such as a criminal history, previous visa overstays, or if you don’t meet the financial requirements on your own.
• Accuracy and Completeness: A lawyer’s job is to ensure that all forms are filled out correctly, all required documents are included, and that any supporting evidence is compelling and well-organized.
• Timely Responses: Immigration is time-sensitive. An attorney will help you track deadlines and respond promptly to any RFEs or other inquiries from USCIS. This can prevent a case from being denied simply due to a missed deadline.

What Should You Do if Your Petition is Denied?

There are a few options made available to you if your petition is denied. You can attempt to appeal the decision. You must file for an appeal within 30 days of receiving a denial. You can also request your petition be reopened or reconsidered, which often requires additional evidence you would like the courts to consider.

Unfortunately, simply starting over or refiling your petition may be your only option. Paying to start completely over and taking the time to do so are daunting. Why not hire someone who understands the process?

Do You Need an Immigration Attorney?

The family-based immigration petition process does not require you to hire an attorney. However, it is always a good idea to put yourself on a level playing field. Hiring a compassionate Houston immigration lawyer who understands your needs can mean the difference between success and starting over.

Aaron G. Christensen, Attorney at Law, PLLC, has the experience to help get your family into America the legal way. Don’t risk failure; call 346-423-2375  or reach out to us online to schedule your free consultation and take the first step in the right direction!