A petition to the United States Customs and Immigration Service (USCIS) is generally 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 lawful permanent residents, renew or change a visa, or bring family members or employees to the United States.
Petitions are obviously extremely important. But mistakes are made in requests all the time. I see these common mistakes all too often.
Lying to USCIS. This is easily the biggest mistake. Lying on immigration forms, even small lies, can ruin an otherwise perfect petition. It is much better to admit something and address it head on than to ignore it. An example of this is criminal records. USCIS will certainly discover any criminal convictions; Not disclosing a criminal conviction is a bad strategy, but people use it all the time. A better strategy is to present them accurately and then present evidence of rehabilitation.
Using different versions of your name and address. USCIS seeks consistency to help resolve the voluminous paperwork they receive. It can be a big help if you use the exact same name, spelled the same, on all your paperwork. “John Thomas Smith” should always be used, not “John Smith” here and “JT Smith” there. Similarly, the address used must be your true and permanent address. Do not say that you live in a place where you do not live.
Not updating your address after you move. If you move from one address to another, you are required to notify USCIS within 10 days. Failing to make full copies of all documents submitted. Once you’ve finished your petition, you’re not done! In fact, there are four things that need to happen: 1) a double check that everything is completed and signed, 2) an additional copy of everything done for your records, 3) verification that your petition is sent to the correct address , and 4) shipping with proof of receipt. A complete copy of everything you submitted, in the same form and order in which you submitted it, will help you greatly if USCIS misplaces any of your documents or requests an in-person interview.
Using an unlicensed “immigration consultant.” Before you hire someone to help you with an immigration petition, make sure they 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, do not assume that you cannot afford immigration representation from an attorney.
Rely on Internet publications and forums to prepare your petition. While many forums can provide useful and helpful advice, it is best to use them to identify problems, rather than jump to legal conclusions. Immigration law has many exceptions and complex rules, and the rules change frequently. Any information you collect from an Internet forum should be checked with someone who is genuinely knowledgeable about immigration law.
