The Family-Based Green Card Journey: 10 Mistakes You Don’t Want to Make

By: Jarbath Peña Law Group

Applying for a family-based green card is a big step for anyone hoping to build a life together in the United States. For many, this process is a way to finally reunite with loved ones, start a new chapter, and create a future free of worry about immigration status. But it’s also a long, complicated journey that can be filled with confusion, stress, and frustration.

If you’re trying to navigate the family-based green card process, it’s easy to feel like you're lost in a maze of paperwork, legal language, and deadlines. Many applicants make the same mistakes - mistakes that can be avoided with the right knowledge and guidance. That’s why we’ve put together this guide to help you identify and avoid the top mistakes people make during the family-based green card process.

By being aware of these common pitfalls, you’ll be better equipped to handle the journey ahead with confidence and peace of mind!

1. Not Understanding Eligibility Requirements

For both applicants and the relatives who are sponsoring them, understanding who is eligible to apply for a family-based green card is the first step. The process varies depending on whether you’re a U.S. citizen or a lawful permanent resident, as well as the family relationship involved.

How to Avoid It: Whether you are the one applying for a green card or are the person sponsoring a relative, make sure you know what the eligibility requirements are under U.S. immigration law. U.S. citizens can sponsor spouses, children, parents, and siblings, while lawful permanent residents can only sponsor spouses and unmarried children.

Understanding your eligibility will ensure that you don’t waste time and effort starting the process only to realize that the family relationship doesn’t meet the requirements.

2. Submitting Incomplete or Incorrect Forms

The green card process involves a lot of paperwork, and it’s easy to make mistakes when filling out forms. Missing or incorrect information on forms can delay your case and complicate the process.

How to Avoid It: Double-check all forms before submitting them. Whether you're the applicant or the sponsor, take the time to carefully fill out each section and provide all requested information. Pay attention to detail, because errors or omissions, even minor ones, can delay your case. If you're unsure about any part of the forms, it’s best to ask for help or consult with an immigration lawyer to ensure everything is completed correctly.

3. Not Providing Sufficient Proof of Relationship

In family-based green card cases, proving that you have a genuine, bona fide relationship with your family member is crucial. USCIS will need clear evidence that your relationship is legitimate.

How to Avoid It: Provide detailed documentation that proves your relationship is real. This can include family photographs, joint bank account statements, lease agreements, affidavits, birth certificates, or anything that shows a shared life. The more evidence you are able to provide, the stronger your case will be.

4. Missing the Deadline for Submitting Documents

Another common mistake is missing deadlines for submitting supporting documents or completing specific steps in the green card process. The green card process involves multiple stages and timelines.

How to Avoid It: Keep track of all deadlines. USCIS and the National Visa Center (NVC) usually send notifications and reminders about deadlines. But, it's your responsibility to make sure everything is submitted on time. Creating a checklist and calendar of important dates can help you stay organized and avoid missing any deadlines. 

5. Failing to Keep Copies of Your Documents

When you submit your family-based green card application, you may be asked to resubmit some of your documents, especially if something is missing or incorrect.

How to Avoid It: Always make copies of everything you submit, including forms, supporting documents, and correspondence with USCIS. Keeping a detailed file of your entire application process will help you track your progress and quickly address any issues if they arise.

6. Not Paying the Correct Fees

Green card applications come with a variety of fees. Mistakes in fee payments can delay your case or even result in your application being rejected.

How to Avoid It: Verify the current fees for each part of the green card application. The fees can vary depending on your specific situation. For example, the I-130 form has a specific fee, as does the I-485. Check USCIS’ fee schedule to ensure that you submit the correct amount. Also, make sure to pay by an accepted method, like a check or money order.

7. Assuming the Process Will Be Quick

Some people think the family-based green card process will be fast and simple, but that’s not always the case. The entire process can take anywhere from several months to a few years, depending on your specific situation, and delays can happen.

How to Avoid It: Be patient and realistic about how long the process may take. Understand that processing times can vary based on where you apply and your specific circumstances. Make sure to check the USCIS processing times regularly to track the progress of your case.

8. Not Working with an Immigration Lawyer

Many people try to navigate the family-based green card process on their own to save money, but the truth is that immigration law is complex, and small mistakes can cost you dearly.

How to Avoid It: While you can technically apply for a green card without a lawyer, working with an experienced immigration lawyer can save you from costly mistakes. A lawyer can guide you through the paperwork, help you understand the eligibility requirements, and ensure that everything is completed properly. They can also represent you in case of any complications or challenges during the process.

Trust Jarbath Peña Law Group to Lead You In the Right Direction. Avoid Critical Errors With the Help of Our Attentive Florida Green Card Lawyers!

Applying for a family-based green card can be an emotional and overwhelming process. However, avoiding these common mistakes can make the process smoother and less stressful, putting you in the best possible position to secure your green card and start your new life in the U.S.

If you’re unsure about any part of the process, don’t hesitate to reach out to our office today to get the thorough guidance and support you deserve. With over 40 years of collective experience, our multilingual team (English, Spanish, and Haitian-Creole) helps make the journey smoother and more efficient from start to finish.

Take the first step toward your new beginning today! Contact our office to book your initial consultation and learn more about how we can make a difference in your green card journey and reunite you with your loved ones.