USCIS I-130 Petition

Read Frequently Asked Questions & Answers

11. How Often is the I-130 Petition Denied?

Not very often, but it does happen. The I-130 will be denied if there is insufficient documentation to prove the relationship.

12. What are Grounds for the USCIS to Deny an I-130 Petition?

An I-130 petition can be denied for several grounds. Among the most common are: submitting fraudulent documents; lying on the form; submitting insufficient proof of citizenship or permanent resident status; submitting insufficient proof of the relationship; the criminal record of the U.S. citizen.

13. What Happens if the U.S. Citizen or Permanent Resident Later Discover that He or She Forgot Some of the Forms Needed to Go With the I-130 Petition; Will the Petition be Denied?

No, in most cases the USCIS officer reviewing the case will send the petitioner a Request For Evidence (RFE) or Notice of Intent to Deny (NOID). The petitioner will be given a specific amount of time to submit the requested additional information or documents.

14. What Happens if the I-130 Petition is Denied? Can the U.S. Citizen or Permanent Resident Petitioner File an Appeal?

Yes, the U.S. citizen or permanent resident petitioner can file an appeal or re-file the petition.

15. Does Approval of the I-130 Petition Mean that the Alien Relative Has Become a Permanent Resident?

No. An approval of an I-130 petition only means that the qualifying relationship has been proven. The foreign national relative can then file for an immigrant visa when the visa becomes available through consular processing (if outside the U.S.), or Adjustment of Status (if inside the U.S.). The approved I-130 does not give the foreign national relative any rights.