Securing a green card for a loved one is a major life goal, but the process can have obstacles. What are some major hurdles that can delay or derail a family-based immigration case in the United States?
Proving the relationship
Petitioners must show the U.S. Citizenship and Immigration Services (USCIS) that their relationship is genuine and not just an attempt to gain immigration benefits. This scrutiny is highest for spousal and fiancé petitions, which require extensive documentation of a shared life.
Addressing inadmissibility issues
In addition, a major hurdle is addressing the grounds of inadmissibility found in the Immigration and Nationality Act (INA). These grounds can prevent a person from receiving a green card based on past criminal actions or immigration violations.
Meeting the financial sponsorship requirements
Every family-based immigrant must demonstrate that they will not become a “public charge” by submitting Form I-864, the Affidavit of Support. Petitioners must show their income of at least 125% above the Federal Poverty Guidelines (FPG). However, active-duty military sponsors of a spouse or child must only show income of 100% of the FPG.
Strategies for a smoother application
Further, applicants must commit to discipline from the start of the process. They must follow a detailed checklist of requirements and secure certified translations for all foreign language documents before filing. For those called for a final visa interview, they should thoroughly prepare for it and ensure all facts to be shared verbally are consistent with the documentation.
Making informed decisions regarding immigration
The path to family reunification in America can feel daunting and overwhelming. By seeking legal advice, petitioners and applicants may know their rights and explore all options. Also, having legal guidance may help them make informed decisions and better navigate the immigration process.
