What happens if I submit an application with immigration (USCIS) that is incomplete or incorrect?

If the application you submit to immigration is missing something critical, the entire package will be rejected by immigration returned back to you.  Examples of critical missing things are: forms missing, filing fees not included or incorrect amount, package sent to the wrong address, forms missing pages, not including required initial evidence (according to the form instructions) or missing or no signatures.

If the application is rejected, it can take up to 2 to 3 weeks to get the package returned to the sender.

If the applications are missing evidence to show that you are eligible  for the benefit sought, US CIS can now outright deny an application, petition, or request, according to a policy issued on July 13, 2018 (this policy can be found here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf)

If your application is denied, you will not get any filing fees back, and risk being put in front of an Immigration Judge.

In the event that your application is not denied,  a “Request for Evidence” or “Notice of Intent to Deny” can be issued by US CIS, which will detail what information or documents are needed to supplement the applications, or fix the problem.  These generally have tight deadlines, such as 30 or 60 days to respond.  If the requested documents or information is not received by the deadline, the applications will be denied. If these requests are issued by immigration, they will hold processing your application until they get a response, thus making the process longer than necessary.

It is important to include all the necessary documents in the initial packet to make sure the process goes smoothly and as fast as possible.  Please call L.I.H. Law, P.S. at (206) 838-7628 to see how we can help you with filing your immigration applications!