29 South Webster Street, Suite 370 Naperville, IL 60540

At Kasturi Law, LLC, our Naperville immigration and nationality law attorney and law firm founder, Shobhana Kasturi, believes her calling is to help fellow immigrants navigate the complex legal process of becoming citizens in the U.S.

This includes those who take the crucial step in the family-based immigration process by filing Form I-130, officially titled the “Petition for Alien Relative.”

I-130 is the U.S. Citizenship and Immigration Services (USCIS) form used to establish the qualifying familial relationship between a U.S. citizen or Lawful Permanent Resident (Green Card holder) and a foreign national relative who seeks to immigrate to the United States.

Unfortunately, some I-130 applications are denied. The bigger question is, what can the applicant or petitioner do about it? We can help.

My I-130 Was Denied

How Can Kasturi Law Help with a Denied I-130 Application?

If USCIS denies your Form I-130, it can be challenging. However, you can take steps to address the denial and, if appropriate, seek reconsideration or appeal. Our experienced immigration attorney in Illinois specializes in overwhelmingly complex cases (link to the aptly titled blog) and can help you reassess your status and provide the help you need to appeal the decision.

Here is a general guide on what to do if your I-130 is denied:

  • Carefully Read & Understand the Notice

The notice will provide information on the reasons for the denial and any specific actions you need to take. Once you understand the specific reasons cited for the denial, you can determine the appropriate course of action.

  • Consider Your Options

If the denial was based on correctable errors or missing information, you may refile the I-130 with the necessary corrections and additional evidence.

If you believe there was a mistake in the decision, you can file a motion with USCIS to reopen or reconsider. This option is available if new evidence or information was not previously considered.

If a motion to reopen or reconsider is denied, you may have the option to appeal the decision to the Administrative Appeals Office (AAO). The AAO reviews denials of certain petitions and applications. If you have not already, now is the time to seek legal advice and representation from an experienced immigration attorney. We can help you assess your case, understand the reasons for the denial, and determine the best course of action.

At Kasturi Law, we help develop legal strategies based on the specific circumstances of each client’s I-130 denials so we can accurately guide them through the process, provide advice on gathering additional evidence, and represent them in appeals or motions.

That may include:

  • Gathering any missing or additional evidence that can address the deficiencies identified by USCIS.
  • Providing strong evidence of the qualifying familial relationship, like birth certificates, marriage certificates, and other relevant documents.
  • Adhering to any deadlines specified in the denial notice is crucial in addressing denials, filing appeals, or submitting motions.
  • Maintaining open communication with USCIS, and promptly responding to requests for additional information or documentation.

Remember that each immigration case is unique, and the appropriate response to a denial depends on the specific reasons for the denial and the individual circumstances of the case. At Kasturi Law, LLC, our Naperville immigration attorney can provide valuable insights, navigate the appeals process, and increase the likelihood of a successful outcome.

Contact Our Experienced Immigration Attorney at Kasturi Law for Help Today

We are personally committed to being a trustworthy legal partner for each of our clients and will stand by your side throughout the immigration process, including the naturalization process. We will be in your corner from start to finish, providing end-to-end legal solutions that allow you to build your life in the U.S. with the dignity, respect, and integrity you deserve.

Contact us today to learn how our Illinois immigration attorney can help you. We provide in-office, phone, and Zoom consultations to help you understand your legal rights and options so you can make informed decisions about your immigration journey.