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A petition to the US Customs and Immigration Service (USCIS) is usually a request for some type of visa or other legal status to be in the United States. USCIS petitions are how people seek to adjust status, become a lawful permanent resident, renew or replace visas, or bring relatives or employees to the United States.
Petitions are obviously extremely important. But every time mistakes are made in petitions. I see these common mistakes all too often.
Lying to USCIS. This is easily the biggest mistake. Lying on immigration forms, even small ones, can ruin an otherwise complete petition. It is far better to acknowledge something and address it than to ignore it. An example of this is a criminal record. USCIS will certainly look into any criminal convictions; Not disclosing a criminal conviction is a bad strategy, but one people use all the time. A better strategy is to present them accurately and then present proof of rehabilitation.
Using different versions of your name and address. USCIS looks to Continuity to help sort through the massive amount of paperwork they receive. You can help a lot with this by consistently using the same name, same spelling throughout the paperwork. “John Thomas Smith” should be used every time, not “John Smith” here and “JT Smith”. Likewise, the address used must be your correct, permanent address. Don’t say you live where you don’t.
Failed to update your address after you moved. If you move from one address to another, it is mandatory that you notify USCIS within 10 days. Failed to make complete copies of all submitted papers. Once you finish your petition, you are not finished! There are really four things that should happen: 1) a double-check that everything is completed and signed, 2) an extra copy of everything made for your records, 3) verification that your petition is correct. being shipped to the address, and 4) shipping with proof of receipt. Having a complete copy of everything you sent, in the same form and order that you sent it, will be of great help if USCIS loses any of your documents, or requests an in-person interview.
Using an unlicensed “immigration consultant”. Before hiring someone to help you with your immigration petition, be sure they will sign the USCIS petition as your representative. If they refuse, it is a red flag that they are not allowed to practice immigration law. At the very least, don’t assume that you can’t afford immigrant representation from an attorney.
Relying on internet postings and forums to prepare your petition. While many forums can contain helpful and useful advice, they are better used to identify issues rather than come to legal conclusions. Immigration law has many exceptions and complex rules, and the rules change frequently. Any information you glean from internet forums should be confirmed with someone genuinely knowledgeable about immigration law.
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