Maryland Criminal & Immigration Lawyer Blog
Any area of the law is one where having a detail-oriented advocate can help, but that skill set is essential in immigration law. Successfully obtaining citizenship, a green card, or another status often requires correctly filling out multiple forms and supplementing them with numerous supporting documents. Filling out any of this paperwork incorrectly or failing to include an essential supporting document can torpedo your entire application. That is why, whatever status (or change in status) you seek, you need a knowledgeable Maryland immigration lawyer on your side.
A green card application case from last October is yet another case in point. S.G., a citizen of India, entered the U.S. in March 2023 on a visitor visa. Later in March, S.G.’s son, a U.S. citizen living in Chicago, filed a Form I-130 to classify his mother as his “immediate relative,” thereby qualifying her to receive a green card. The mother, in turn, filed a Form I-485, which is the application to register permanent residence or adjust status. In this case, the mother sought to adjust her status from visitor to permanent resident.
Under the eligibility rules for green cards, an immediate relative of U.S. citizens qualifies if they are the citizen’s:
- spouse
- parent (and the citizen is age 21 or older)
- child under age 21
Under the rules, the mother would seem to have a clear case for eligibility, but the USCIS denied the application.
What Went Wrong?
After the son filed his Form I-130, the USCIS asked him to provide additional information. Specifically, the agency wanted a copy of the son’s 2022 federal income tax return. They also wanted an affidavit of support. About a year after the pair filed their paperwork, the agency determined that “no affidavit of support had been submitted as requested.” The agency also concluded it had no proper documentation regarding the son’s 2022 taxes. The USCIS wanted a copy of the return or “evidence that an extension had been filed.” The son gave the agency his 2021 federal income tax return, a letter from his investment bank, a copy of his investment account statement, and a copy of a trust. The USCIS said that was not sufficient.
Complying fully and precisely with the USCIS’s requests for supporting documentation is vitally important. Why? For one reason, your recourse after receiving a rejection is limited. The mother-son tandem from Illinois sued, but the court never even heard their arguments. Before the trial began, the agency successfully argued that the federal courts lacked subject matter jurisdiction over the dispute. (Subject matter jurisdiction refers to a court’s authority to issue binding orders to adjudicate a dispute.)
The court concluded that the government was correct. The pair sought judicial review of a USCIS decision made under 8 USC Section 1255. However, the Immigration and Nationality Act expressly eliminated federal courts’ jurisdiction over “any judgment regarding the granting of relief under section 1182(h), 1182(i), 1229b, 1229c, or 1255.”
Based on that plain language, the judge had to toss the pair’s complaint.
The applicants’ loss in this case highlights several things. One is the importance of getting all your application (and supporting information) paperwork correct the first time to minimize delays and the risk of rejection. Two, if the agency notifies you of a deficiency and allows you to fix it, it is critical that you do so—and do it correctly.
Navigating the green card process is often a complicated journey with lots of paperwork. Given what is at stake, you should not risk rejection because you did the paperwork wrong. Instead, get knowledgeable legal counsel to represent you. The experienced Maryland green card attorneys at Anthony A. Fatemi, LLC helped countless applicants complete the process. Contact us today at 301-519-2801 or via our online form to set up your consultation.