What Happens If My Form I-130 Is Denied?
If your Form I-130 (Petition for Alien Relative) is denied, it means U.S. Citizenship and Immigration Services (USCIS) has determined that you did not meet the requirements to establish a valid qualifying relationship with the relative you’re petitioning for. A denial can feel discouraging, but there are still potential next steps depending on the reason for the denial.
1. Understand the Reason for Denial
USCIS will provide a written explanation detailing why the I-130 was denied. Common reasons include:
- Insufficient evidence of a qualifying family relationship
- Incomplete or incorrect application
- Suspicion of marriage fraud (for spouse-based petitions)
- The petitioner is not eligible (e.g., not a U.S. citizen or lawful permanent resident)
2. You May File a Motion to Reopen or Reconsider
If you believe the denial was in error, you can file Form I-290B (Notice of Appeal Motion) within 30 days of the decision:
- A Motion to Reopen provides new facts or evidence that were not available at the time of the original filing.
- A Motion to Reconsider argues that USCIS made a legal or factual error in its decision.
3. You Can Refile the Petition
If your petition was denied due to missing documents or mistakes, and the relationship still qualifies, you can usually submit a new I-130 petition. Be sure to correct the issues that caused the initial denial and include stronger supporting documentation.
4. Consult an Immigration Attorney
Especially in complex cases (e.g., allegations of fraud or legal ineligibility), it’s important to seek guidance from an experienced immigration lawyer. They can help determine whether an appeal, motion, or new petition gives you the best chance of success.
Final Thought:
A denial of Form I-130 is not necessarily the end of the road. By understanding the reasons behind the decision and taking the appropriate next steps, many petitioners can overcome the setback and successfully reunite with their family members in the United States.
