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Logical Immigration

Technical Rejections lead to many unjust results

Posted by Jason Baril | Apr 09, 2021 | 0 Comments

 USCIS should stop doing things to block legitimate bona fide applicants and petitioners from accessing the immigration benefits for which they are eligible. Immigration law is difficult because of the size and how certain Visas can overlap and USCIS while having guidelines, those guidelines are not always applied the same in practice.  This can lead to results that are tough to reconcile. 

 USCIS can and will reject applications and petitions, in many cases months after the application or petition was submitted for such things as:

1. forgetting to check a box on a form

2. Failing to file the fee

3. Missing an additional form

4. a page on a form missing

For certain applications this is a time delay but for others there are windows of opportunity to file like on then I-485. I-485 applicants are finding that their eligibility has expired because the window has closed. Another form is the application for work authorization (Form I-765).  Foreign nationals now are facing unnecessary burdens due to unprecedented levels of delays and wrongful rejections.  DMV's across the nation also require evidence of successful filing in order to issue driver's licenses so now drivers licenses are expiring so more immigrants must choose between driving without insurance or not driving in some instances. These affected immigrants then have their housing and food put at risk many times not being able to provide for their children. The minor nature of scrivener type errors verse the human cost should make USCIs change their policy.

Finally in other instances the rejection reason was inaccurate. The impact on people is so substantial that USCIS we hope will rethink some of these issues. This is why we always suggest that applicants hire competent council when dealing with these matters.

About the Author

Jason Baril

Jason has spent his entire career fight for those who need help and often times do not get the help they need. In addition to Immigration Law, Jason has worked on Criminal, Social Security Disability and Personal Injury cases which gives him diverse experience on many legal issues. 

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