What Is the I-130 Petition?
Form I-130, Petition for Alien Relative, is the first step in helping a family member immigrate to the U.S. A denial of this petition can feel like everything is on hold — but in many cases, it can be challenged.
Why Was My I-130 Denied?
Common reasons for I-130 denials include:
- USCIS doubts the validity of the relationship (especially in marriage-based cases)
- Missing documents or evidence
- Inconsistent or incomplete answers
- Allegations of marriage fraud
- Petitioner’s ineligibility (e.g., criminal history or status issues)
Sometimes, denials happen simply because evidence wasn’t presented clearly or strongly enough.
What Are My Options After a Denial?
✅ File a Motion to Reopen or Reconsider
If new evidence is available, or USCIS made a legal or factual error.
✅ Appeal to the Board of Immigration Appeals (BIA)
You have a limited time to do this — typically within 30 days.
✅ Re-file the I-130
In some cases, it’s faster and more strategic to submit a new petition, especially if the issues were procedural.
How We Can Help
Ballout Law has handled I-130 denials for years — especially complex marriage-based and spousal visa cases. We will:
- Review the denial and USCIS’s reasoning
- Identify weak points and missing evidence
- Strategize the best option (appeal, motion, or re-filing)
- Help strengthen your case with affidavits, joint documents, or expert declarations
- Represent you in BIA appeals or before USCIS
Why Timing Matters
Whether you want to appeal or re-file, don’t wait. You often have only 30 days from the date of the denial to act.
Every day counts — especially if your family’s future in the U.S. is on the line.
FAQs
Should I appeal or re-file?
It depends on the reason for denial. If there was an error or misunderstanding, an appeal may be the right move. If the case was simply weak, re-filing with stronger evidence might be better.
Can I still stay in the U.S. while appealing?
Filing an appeal doesn’t automatically give you status — but in some cases, it may delay removal proceedings. Talk to a lawyer ASAP if you are undocumented or out of status.
What’s the success rate for appeals?
With proper representation and evidence, many I-130 denials can be overturned. But it depends on the specifics of the case.
You Still Have a Path Forward
A denial hurts — but it doesn’t have to be final. Let us help you get back on track.
At Ballout Law APC, we bring over 30 years of experience in immigration law and a long history of success with complex motions and appeals.
Attorney Haitham Ballout is known for developing strong, strategic legal plans — giving families the chance to remain together and thrive in the U.S.
We know this process can feel overwhelming or even frightening. But you don’t have to go through it alone.
Our team is here to use every available legal avenue to protect your rights and help you stay on the path toward the American dream.
We regularly receive inquiries from people in situations just like yours — and we’re ready to help. Let’s discuss your options in a confidential consultation.
📞 Call us today at (650) 373-1122
📍 Based in San Mateo, CA — proudly serving clients across the U.S.