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Even strong and well-qualified applicants can face delays, Requests for Evidence (RFEs), or denials due to small but critical technical errors. Filing fees are non-refundable, so it is essential to carefully review these common problem areas before submitting your U.S. immigration application.
The Mistake: Submitting an EB-1A or EB-2 NIW petition with loosely organized documents, missing exhibits, or relying on brief statements without strong supporting evidence. Many applicants assume that their CV, publications, or job title alone will "speak for themselves."
The Reality: EB-1A and EB-2 NIW petitions are evidence-driven and discretionary. USCIS does not evaluate raw credentials in isolation. Officers review how clearly the petition identifies the applicable legal criteria, organizes exhibits, and demonstrates eligibility through documented, verifiable evidence. Well-qualified applicants are frequently denied not because they lack merit, but because their petitions fail to connect the evidence to the legal standards in a clear and persuasive way.
The Fix: A strong petition requires a clearly structured legal brief, a logical exhibit list with consistent labeling, and documentary evidence that directly supports each claimed criterion. Every assertion must be backed by evidence, and every exhibit must be explained. Petition preparation is not a formality—it is the core of the case.
The Mistake: You submit a bank statement showing sufficient funds on the date of filing and assume this is enough.
The Reality: For many U.S. immigration processes (such as adjustment of status, student visas, or consular processing), immigration officers assess consistency, source, and availability of funds—not just the final balance. Sudden deposits, unexplained transfers, or incomplete statements may trigger an RFE or denial.
The Fix: Provide complete bank statements covering the required period and be prepared to explain any large or unusual transactions. Consistency and transparency are key.
The Mistake: Assuming that any English-language certificate or university education automatically satisfies U.S. immigration requirements.
The Reality: U.S. immigration categories differ significantly. Some visa types do not require English proof at all, while others require specific documentation (for example, academic transcripts or professional qualifications rather than test scores).
The Fix: Confirm the exact English-language or education requirement for your visa category before submitting documents. Do not upload unnecessary or irrelevant test results.
The Mistake: Uploading foreign-language documents without translation or using informal translations prepared by friends or relatives.
The Reality: USCIS requires certified English translations for any document not in English. Uncertified translations are a common reason for RFEs.
The Fix: Each translation must include a certification stating that the translator is competent and that the translation is complete and accurate, along with the translator's signature and date.
The Mistake: Not disclosing a past visa refusal, overstay, or minor criminal issue because it happened years ago or in another country.
The Reality: U.S. immigration authorities have access to extensive international data-sharing systems. Omissions or inconsistencies can be treated as misrepresentation or fraud, which carries serious long-term consequences.
The Fix: Full disclosure is always safer. Past issues can often be explained and overcome; concealment almost always makes the situation worse.
The Mistake: Uploading only the front page of documents such as visas, I-94 records, or Employment Authorization Documents (EADs).
The Reality: Immigration officers require complete copies, including reverse sides and all pages containing annotations, barcodes, or entry records.
The Fix: Always upload clear, legible scans of all pages and both sides of immigration documents.
The Mistake: Submitting an application as soon as you believe you qualify, without confirming statutory timing rules.
The Reality: Many U.S. immigration benefits (including adjustment of status, extensions, and naturalization) have strict filing windows. Filing outside the permitted timeframe can lead to rejection or denial.
The Fix: Carefully calculate eligibility dates and confirm filing windows before submission. Timing errors are entirely avoidable with proper review.
The Mistake: Paying outdated filing fees, using the wrong payment method, or submitting incorrect checks.
The Reality: USCIS will reject an application outright if the fee is incorrect, even by a small amount.
The Fix: Always verify current filing fees and payment instructions directly before submission. A rejected filing can cause serious delays or status issues.
U.S. immigration decisions are rarely about whether an applicant is "deserving"—they are about technical compliance with complex regulations. A careful review before filing can save months of delay, thousands of dollars, and unnecessary stress.
Our experienced immigration attorneys can review your application and help you avoid these common mistakes. Contact us for a consultation:
Celiksoy Law Firm, PC
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108
United States
Email: info@celiksoylaw.com
Phone: +1 972 897 2242
Office Hours: Monday to Friday, 09:00 - 18:00
We're here to help with your immigration needs
