Denice Flores, Esq.

Family-based immigration remains one of the most common paths to lawful permanent residency in the United States. It offers a lifeline to families hoping to reunite across borders, but the process is far from simple. The outcome of the applications can be delayed as a result of potential missteps while preparing the applications. Here are some of the most common pitfalls and how to avoid them: Incomplete or Inaccurate Forms One frequent mistake is submitting incomplete or inaccurate information on the forms like the I-130 (Petition for Alien Relative) and the I-485 (Adjustment of Status). Even minor errors such as misspelled names, missing signatures, or incorrect dates—can result in Requests for Evidence. To avoid this misstep, double-check all entries, cross-reference documents, and consult with an attorney before submission. Remember, immigration forms are legal documents so accuracy matters. Insufficient Supporting Evidence Proving a genuine familial relationship is the basis of family-based petitions. For spousal cases, USCIS looks closely at evidence of a bona fide marriage. Little or no supporting documents and evidence may lead to Requests for Evidence and even skepticism from USCIS. To establish a bona fide marriage, include documentation to show shared finances and liabilities. Filing Under the Wrong Category or Preference There are different immigration paths depending on whether the petitioner is a U.S. citizen or lawful permanent resident, and whether the beneficiary is a spouse, child, sibling, or parent. Each category has different processing times and visa availability. It is critical that before applying, you understand which preference category applies to your case. Immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21) generally receive faster processing and are not subject to annual visa caps. Not Disclosing Past Immigration or Criminal History Many applicants fail to account for past immigration violations such as visa overstays, unauthorized work, or prior removal orders. Similarly, if you fail to disclose past criminal history and these issues surface later in the process they can affect the outcome of the case. Disclose everything to your attorney, no matter how minor or old the issue seems. Prior violations don’t always mean denial but not disclosing them may lead to serious consequences. If you're considering filing a family-based petition, consult with an experienced immigration attorney at our office. Our office is committed to helping families navigate this complex process with clarity and confidence.

The U nonimmigrant status (U visa) offers vital protection and legal relief to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. U visa recipients are granted a work authorization card and can live and work legally in the United States for up to four years, with a path to lawful permanent residency (green card) after having a U visa for three years. The U visa serves as a beacon of hope for survivors of crime who courageously step forward to help law enforcement while navigating their own recovery. Understanding the eligibility criteria and gathering the right documentation is essential to building a strong case. To qualify for a U visa, an applicant must meet all of the following criteria: 1. Victim of a Qualifying Crime You must have been a victim of a qualifying criminal activity , such as: Domestic violence Sexual assault Human trafficking Kidnapping Felonious assault Extortion Witness tampering Other serious offenses A full list of qualifying crimes is provided by U.S. Citizenship and Immigration Services under INA § 101(a)(15)(U). See also: https://www.uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status . 2. Suffered Substantial Physical or Mental Abuse You must demonstrate that you suffered substantial harm as a result of the crime. This may include: Physical injuries Psychological trauma Lasting emotional distress 3. Helpful to Law Enforcement You must be, have been, or are likely to be helpful in the investigation or prosecution of the crime. This includes: Reporting the crime to authorities Cooperating with police or prosecutors Providing information that aids law enforcement efforts A law enforcement certification (Form I-918, Supplement B) is required as proof of this cooperation. 4. The Crime Occurred in the U.S. or Violated U.S. Laws The criminal activity must have: Taken place in the U.S., its territories, or possessions, and Violated U.S. federal, state, or local laws Applicants must also be admissible to the United States. If you are not, based on your immigration history, you may request a waiver using Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant) . Certain qualifying family members may be included in your U visa petition: If you are under 21 years old: Your parents, unmarried siblings under 18, spouse, and children may be eligible to apply with you. If you are 21 years or older: Your spouse and children may qualify to apply with you. Each derivative must meet specific requirements and file appropriate forms. If you have any questions or would like to know more about the U visa eligibility requirements, contact our office to schedule a consultation with one of our experienced immigration attorneys.