2. Failing to Provide Sufficient Supporting Documentation

Supporting documents are critical in proving the legitimacy of the relationship between the sponsor and the beneficiary. Insufficient evidence can result in a Request for Evidence (RFE) or denial.



Common Examples of Insufficient Documentation:

• Lack of joint financial records for spousal sponsorship.
• Missing birth certificates for children.
• Incomplete or poorly translated foreign documents.

How to Avoid This Mistake:

• Use a checklist to ensure all required documents are included.
• Provide certified translations for any documents not in English.
• Include additional evidence, such as photos, affidavits from friends and family, and joint financial statements.

3. Miscalculating Household Size and Income

For family-based immigration cases, the sponsor must submit Form I-864, Affidavit of Support, to demonstrate their financial ability to support the beneficiary. Miscalculating household size or failing to meet the income requirements can result in denial.



Common Errors:

• Incorrectly calculating the number of dependents.
• Failing to include previous sponsorship commitments.
• Submitting outdated income information.

How to Avoid This Mistake:

• Accurately calculate household size by including all dependents and previously sponsored immigrants.
• Ensure that your income meets at least 125% of the Federal Poverty Guidelines (100% for active-duty military sponsors).
• Include recent pay stubs, tax returns, and W-2 forms.

4. Missing Deadlines

Family immigration applications involve multiple steps, each with specific deadlines. Missing these deadlines can lead to significant delays or even case termination.

Common Scenarios Where Deadlines Are Missed:

• Failing to respond to an RFE within the given timeframe.
• Missing the deadline for submitting additional documents requested by the National Visa Center (NVC).
• Delaying the filing of Form I-485 (Adjustment of Status) after visa approval.

How to Avoid This Mistake:

• Keep track of all deadlines using a calendar or reminder system.
• Respond promptly to any USCIS or NVC requests.
• Consult an immigration lawyer to ensure you meet all critical deadlines.

5. Ignoring Public Charge Requirements

The public charge rule requires that applicants demonstrate they are not likely to become a financial burden on the U.S. government. Failing to address public charge concerns can result in a denial.

Common Mistakes:

• Failing to submit Form I-944, Declaration of Self-Sufficiency (if required at the time).
• Providing insufficient evidence of financial stability.
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How to Avoid This Mistake:

• Ensure that the sponsor’s income meets or exceeds the required threshold.
• Include comprehensive evidence of the sponsor’s assets, health insurance, and employment status.
• Stay updated on the current public charge policies, as they may change.
  

7. Overlooking Immigration Lawyer Assistance

While it is possible to complete the family immigration process without legal assistance, complex cases often require professional guidance. Attempting to handle a complicated case without an attorney can lead to costly mistakes.

When to Consider Hiring an Immigration Lawyer:

• If you have a history of visa denials or immigration violations.
• If the beneficiary has criminal convictions or inadmissibility issues.
• If you are unsure about how to complete specific forms or gather supporting evidence.

Benefits of Legal Assistance:

• An immigration lawyer can help you avoid common errors.
• They can provide tailored advice based on your unique situation.
• They can represent you during interviews or appeals if necessary.

8. Failing to Follow Up on Case Status

Once you submit your application, it’s important to monitor the status of your case. Failing to follow up can result in missed deadlines or overlooked RFEs.

How to Avoid This Mistake:

• Use the USCIS online case status tracker.
• Sign up for USCIS email and text alerts.
• Contact USCIS or the NVC if you experience unusual delays.

Conclusion

Successfully navigating the family-based immigration process requires careful planning, attention to detail, and adherence to USCIS guidelines. By avoiding common mistakes—such as submitting incomplete forms, providing insufficient evidence, and missing deadlines—you can significantly improve your chances of a positive outcome.

If you encounter challenges or have questions about your case, consulting an experienced immigration lawyer in Orlando can provide valuable guidance and support. With the right preparation and professional assistance, you can avoid unnecessary delays and work toward reuniting with your loved ones in the United States.