USCIS Increases Scrutiny for Family Based Applications

In the past few months, the United States Customs and Immigration Service (USCIS) has launched new initiatives to promote greater scrutiny towards several types of immigration applications. Under these new guidelines, Lawful Permanent Residents (LPR) and U.S. Citizens have received an alarming amount of RFEs, or request for evidence, for family-based applications.

Petition for Alien Relative

Once an individual is a LPR or citizen of the United States they may submit a petition for an alien relative to immigrate to the United States, or form I-130. Priority is given to immediate relatives (i.e. spouse, unmarried children, parent). Most frequently, LPRs and U.S. citizens file petitions for their spouse and children. To complete the form I-130, petitioners must establish a bona fide relationship with the relative that they wish to help immigrate to the United States. For years, the documents required to establish a bona fide relationship between spouses has been extensive, yet reasonable. Thus, to file a petition for an alien spouse, petitioners would present a marriage certificate and a few pictures documenting the relationship between the alien spouse and the citizen/LPR spouse. This application would be submitted and processed through a USCIS Lockbox and then referred to a local USCIS office. Later, during the interview process, spouses would be required to provide further evidence of a bona fide relationship (e.g. additional pictures, utility bills, credit card statements, etc.). However, it appears that USCIS now expects more evidence for initial filings than has been typical.

More Evidence, More Roadblocks

In the last several months, applications have been halted at the beginning stages. Several petitioners have received RFEs stating insufficient evidence based on documentation that has, in the past, been sufficient for the initial I-130 filing. These RFEs outline a new extensive list of documents necessary to establish a bona fide relationship including:

• Courtship correspondence (i.e. texts, email, etc.);
• Travel Records;
• Photos;
• Wedding Announcements;
• Bank Statements.

In some instances, USCIS has required petitioners to submit notarized statements from members of the beneficiary’s family stating why they were not present at the wedding ceremony.

The volume of RFEs has significantly slowed the immigration benefit process. For family-based petitions, the level of documentation necessary for the first stage of the filing process is atypical and a nuisance for families attempting to reunite in the U.S.