When your family depends on a form

Behind every family-based petition there is more than just a case number: there are video calls, birthdays on a screen, and life plans on hold while everyone waits for an answer.

In legal terms, the tool is called a family-based petition (usually through Form I-130, Petition for Alien Relative, filed with USCIS). In human terms, it is the first step for a family to live in the same country, under the same roof.

Precisely because of that importance, “small” mistakes can have very big consequences: months of delay, Requests for Evidence (RFE), or in the worst-case scenario, a denial.

In this article you will find, in a clear and simple way, the five most frequent mistakes in a family-based petition and some practical recommendations to reduce risks.

Mistake 1: Assuming all families qualify the same way

Not all family relationships are treated the same under United States immigration law. The type of relative, the immigration status of the petitioner, and the petitioner’s age can completely change the legal path.

For example:

• A United States citizen can file petitions for a spouse, unmarried or married children, parents (if the citizen is at least 21 years old), and siblings.

• A lawful permanent resident has more limited options: mainly a spouse and unmarried children, under specific preference categories.

Where This Mistake Shows Up

• Filing a petition for a relative who does not fall under any qualifying category.

• Confusing the rules for stepchildren, adopted children, or children over 21.

• Failing to review whether, due to status or age, the petitioner cannot yet file for certain relatives (such as parents).

How to Avoid It

• Always verify in the official instructions for Form I-130 and the USCIS Policy Manual whether the family relationship qualifies.

• Review the specific rules for parents, stepchildren, adoptions, and special cases before submitting the petition.

Mistake 2: Incomplete forms or inconsistent information

It may sound obvious, but one of the most frequent reasons for delays or denials is incomplete or inconsistent information in the forms (I-130, I-485 for cases within United States, or DS-260 in consular processing).

USCIS and consulates carefully review details such as:

• Names, dates and places of birth.

• Marriage and divorce history.

• Addresses and dates of residence.

• Previous immigration history.

Where This Mistake Shows Up

• Leaving questions blank instead of using “N/A” when appropriate.

• Signing on the wrong line or forgetting a required signature.

• Listing one marriage date on the form and a different date on the certificate.

• Entering amounts, names, or dates that do not match across forms and supporting documents.

These details often generate Requests for Evidence (RFEs) or, in more serious cases, denials.

How to Avoid It

• Complete the forms in draft first and review them line by line before signing.

• Make sure that all names and dates match the attached documents (passports, birth and marriage certificates, civil records, etc.).

• Always use the official USCIS instructions as your main guide, and not just examples found online.

Mistake 3: Failing to properly prove the family relationship (especially in marriage cases)

In a petition based on marriage or certain family relationships, an act of marriage or a birth certificate is not enough. USCIS needs proof that the relationship is genuine and was not created solely to obtain an immigration benefit.

Where This Mistake Shows Up

• Submitting only the marriage certificate without evidence of shared life (lease agreements, joint accounts, insurance policies, photos, etc.).

• Failing to prove the termination of prior marriages through divorce decrees or death certificates.

• In cases involving children or parents, providing documents that are low quality or illegible, making it difficult to verify the relationship.

How to Avoid It

Build a solid evidence package that shows the history of the relationship, for example:

• Joint bank statements.

• Housing or utility contracts in both names.

• Health or life insurance listing the spouse or children as beneficiaries.

• Photos at different moments, in different places, and with family or friends.

If applicable, include divorce decrees, annulments, or death certificates to clearly document the end of any prior marriages.

Mistake 4: Underestimating the importance of the affidavit of support (Form I-864)

The Affidavit of Support (Form I-864) is the financial promise that the immigrant relative will not become a public charge. It is one of the most common sources of delays and denials in family-based cases.

The main sponsor (and in some cases a joint sponsor) must demonstrate sufficient income or assets, as required by immigration law.

Where This Mistake Shows Up

• Using the wrong form or an outdated version of the form.

• Failing to meet the minimum income level according to the Federal Poverty Guidelines and not providing a joint sponsor.

• Sending Form I-864 without:

  • Recent tax returns.

  • Form W-2 or 1099.

  • Proper documentation in self-employment cases.

• Miscalculating the household size, which changes the required income threshold and can make an I-864 insufficient.

How to Avoid It

• Always download Form I-864 from the updated USCIS webpage and follow the latest official instructions.

• Check the current Federal Poverty Guidelines and determine the correct household size.

• If the income is not sufficient, evaluate using a joint sponsor who meets the status and income requirements.

Mistake 5: Ignoring the immigrant’s prior immigration or criminal history

A critical mistake is assuming that, if the family relationship is legitimate, everything else is secondary. However, the immigrant’s prior immigration history and, in some cases, criminal history directly affect:

• The possibility of adjusting status within United States.

• Eligibility for an immigrant visa at a consulate.

• The need for waivers due to unlawful presence, certain immigration violations, or specific criminal grounds.

Where This Mistake Shows Up

• Failing to disclose entries without inspection, overstays beyond the authorized period, prior removals, or failed attempts to enter.

• Minimizing criminal records and assuming that “they will not find out.”

• Filing the petition assuming that an approved I-130 automatically guarantees permanent residence, when in reality it is only the first step.

How to Avoid It

• Prepare an honest and complete inventory of the immigrant’s immigration and criminal history before filing the petition.

• Review, with professional guidance, whether any waiver or additional strategy will be required.

• Understand that Form I-130 focuses on proving the qualifying relationship; eligibility for residence or a visa depends on other legal requirements as well.

How to reduce risk in a family-based petition: best practices

Beyond avoiding the mistakes above, some general practices help make the process more organized and predictable.

Plan the Case from the Beginning

• Decide whether the process will be done through adjustment of status within United States or consular processing abroad.

• Analyze timing, travel, work situation, and family circumstances before filing the petition.

Work with Checklists

• USCIS, the Department of State, and other entities publish checklists and recommended steps for family-based petitions.

• Using checklists helps ensure that you are not missing key forms or evidence.

Keep an Organized File

• Maintain a physical and digital folder with forms, fee receipts, evidence, and all communications with USCIS and the consulate.

• Use clear, legible copies and, when required, certified translations of any document not in English.

Seek Specialized Legal Support

• Immigration rules change frequently and every family has unique circumstances.

• Working with attorneys focused on family-based immigration helps anticipate risks and design a better strategy.

Conclusion: A life decision deserves a matching strategy

A family-based petition is not “just another form”: it is the starting point to share a table again, rebuild daily life, and plan a common future under the same roof.

The most common mistakes —failing to confirm eligibility, incomplete forms, weak evidence of the relationship, problems with the Affidavit of Support, or ignoring the impact of immigration and criminal history— are often avoidablewhen the process begins with clear information and a solid strategy.

Planning ahead, documenting correctly, and seeking professional guidance can make the difference between a process full of obstacles and a more orderly, predictable path for your family.

Legal disclaimer

This content is for informational purposes only and does not constitute individual legal advice. Every immigration case is different and must be evaluated based on its own facts, documents, and background. To receive guidance tailored to your situation, you should consult directly with a licensed immigration attorney in United States.