Applying for family-based immigration in Texas can be one of the most life-changing steps for families hoping to reunite and build a secure future in the United States. The process, however, is not always straightforward. Many families are shocked when their applications are denied, sometimes for reasons that could have been prevented with proper preparation and legal guidance.
Understanding the common reasons family immigration applications get denied in Texas can help you avoid mistakes and increase your chances of success.
Common Reasons Family Immigration Applications Get Denied in Texas
1. Incomplete or Incorrect Documentation
USCIS and consular officers make decisions from the paperwork you submit. Missing pages, unsigned forms, or documents in the wrong format make it impossible for an adjudicator to verify eligibility, and that often leads to denial.
Common documentation mistakes
- Missing key forms (e.g., I-130, I-485, I-864) or submitting outdated versions.
- Failure to include supporting evidence (marriage certificate, birth certificates, passports, I-94, police clearances).
- Documents in a foreign language without certified English translations.
- Incorrect or missing signatures, overlooked filing fees, or mailing to the wrong USCIS lockbox.
- Incomplete financial evidence (missing tax returns, W-2s, recent pay stubs).
- Not responding to Requests for Evidence (RFEs) or missing biometrics/interview appointments.
How to prevent it
- Use a detailed checklist (forms + supporting documents). Verify current USCIS form versions and fees before filing.
- Provide certified English translations for any non-English documents.
- Attach clear, complete copies of ID pages, passports, and prior immigration documents (I-94, visas).
- Keep digital and physical copies of everything you submit and USPS/USPS-tracking receipts.
- When in doubt, consult an immigration attorney to pre-review your packet.
If a denial happens
- Read the denial notice carefully; it will tell you whether an appeal or a motion to reopen/reconsider is permitted and the applicable deadline.
- Many denials for document errors can be resolved by timely motions to reopen or refiling with corrected documents; an attorney can advise the fastest remedy.
2. Failure to Prove a Bona Fide Relationship (Marriage & Family Cases)
Family-based petitions depend on the legitimacy of the relationship. USCIS screens vigorously to detect marriages or family ties entered into solely to obtain immigration benefits.
Types of Evidence USCIS looks for
- Joint financial records: bank accounts, credit cards, joint tax returns (Form 1040), insurance policies naming each other as beneficiaries.
- Proof of cohabitation: lease/mortgage, shared utility bills, mail, driver’s licenses with same addresses.
- Social and familial evidence: photos together across time, affidavits from friends and family, joint travel itineraries, correspondence.
- Children’s birth certificates listing both parents where applicable.
Red flags that trigger denser scrutiny
- Short courtship before marriage and immediate filing.
- Separate residences, separated finances, or the spouse not involved in household affairs.
- Large age differences, cultural differences explained poorly, inconsistent answers in interviews.
- Use of fraudulent documents or third-party preparers who encourage deception.
How to build a convincing case
- Prepare a chronological “family file” showing your relationship over time: photos, receipts, communications, and affidavits.
- Submit joint financial and legal documents wherever possible.
- If the marriage ended (divorce) before removing conditions, document the bona fide nature of the marriage (emails, joint activities, photos, affidavits) and be ready to file an I-751 waiver when applicable.
- Use a lawyer to prepare for USCIS interviews and craft strong witness statements.
After a denial for lack of bona fides
- You may be able to present additional evidence at a subsequent interview, file a motion to reopen, or appeal (if permitted). Denial for fraud carries more serious consequences that typically require immediate legal intervention.
3. Financial Ineligibility of the Sponsor (Affidavit of Support/I-864 Issues)
Why it matters: The petitioner (sponsor) must demonstrate they can support the immigrant so the beneficiary is not likely to become a “public charge.” This is shown through the Affidavit of Support (Form I-864).
Typical financial problems
- Sponsor’s income below required threshold (generally 125% of the federal poverty guidelines for most family categories).
- Sponsor fails to provide proof of income (tax returns, W-2s, recent pay stubs).
- Sponsor lives abroad or recently lost employment without documentation showing a stable new income.
- Household size miscalculation (failing to include dependents or other sponsored immigrants).
- Misuse of unverifiable assets or improperly documented gifts.
Options to remedy
- Use a joint sponsor who meets the income requirements and completes a separate I-864.
- Show assets sufficient to meet the shortfall (many assets can be counted but must be documented and liquid or readily convertible).
- Have a household member complete Form I-864A to combine incomes (must be living in same household and meet strict rules).
- Provide a detailed employment verification letter, recent pay stubs, and several years of tax returns.
Prevention tips
- Run a pre-filing income check against current poverty guidelines (consider the current household size).
- Gather 3 years of tax returns and the most recent pay stubs before filing.
- If the sponsor’s income is marginal, secure a joint sponsor early.
If USCIS denies based on I-864
- You may submit additional evidence or a joint sponsor. In some cases, motions or appeals are possible, but deadlines are strict. Consult an immigration lawyer immediately.
4. Past Immigration Violations
Prior immigration violations, such as unlawful presence, unlawful entry, prior deportations/removals, or use of fraudulent documents, can render an applicant inadmissible or subject to bars and require waivers.
Common violations that lead to denial
- Overstaying a visa (creates “unlawful presence” which can trigger 3-year or 10-year re-entry bars in certain situations).
- Entering without inspection (EWI) or evading inspection at the border.
- Prior removal orders or deportation proceedings that were not resolved.
- Use of false identity papers or false claims to U.S. citizenship.
Why this causes denial
- USCIS must determine admissibility before granting family-based status. Violations can trigger statutory bars that prevent adjustment of status without an approved waiver.
How applicants can respond
- Disclose everything — failure to disclose prior violations or deportation orders often leads to more severe penalties (misrepresentation).
- Determine whether relief or waivers exist for your situation (some waivers cover unlawful presence or certain misrepresentations but require showing extreme hardship to a qualifying relative).
- Explore whether consular processing with a waiver is an option (sometimes adjustment within U.S. is blocked but consular processing with waiver may be available).
Prevention & preparation
- If you suspect past immigration problems, consult an immigration attorney before filing. Many cases need a waiver strategy prepared in advance.
After a denial due to immigration violations
- Immediate legal evaluation is critical. Remedies may include filing a waiver, appealing or reopening a case if error occurred, or restructuring the immigration approach (e.g., different visa category).
5. Criminal History
Criminal convictions can make a petitioner or beneficiary inadmissible. USCIS considers certain categories of offences more serious and potentially disqualifying.
Types of criminal issues that commonly cause denials
- Convictions for crimes involving moral turpitude (CIMT) — this category is broad and fact-specific.
- Aggravated felonies (very serious; carry harsh immigration consequences).
- Drug offenses (especially trafficking or possession of controlled substances).
- Crimes of violence, sexual offenses, or fraud-related offenses (e.g., identity theft).
- Multiple convictions or a pattern of criminal behavior.
Important nuances
- Not every conviction results in denial — outcomes depend on the exact statute, elements of the offense, sentence length, and whether a conviction can be vacated or qualifies for an exception (e.g., petty offense exception).
- Juvenile offenses or certain expunged/terminated cases still may appear on immigration checks.
- Failure to disclose a criminal record is often worse than the record itself.
Mitigating strategies
- Obtain certified court records and consult both a criminal defense attorney and an immigration attorney to assess immigration consequences.
- If possible, pursue post-conviction relief or vacatur where legally viable (may remove the conviction for immigration purposes).
- Prepare evidence of rehabilitation, community ties, family hardship, and letters of support; these can help in waiver applications or discretionary decisions.
- For certain convictions, specific waivers exist; eligibility varies widely.
If USCIS denies on criminal grounds
- Time is of the essence. Some denials can be appealed or reopened; others may require complex waiver petitions or immigration court defenses. Consulting an immigration lawyer immediately is strongly recommended.
Additional denial reasons to watch for (brief)
- Medical inadmissibility: communicable diseases or lack of required vaccinations.
- Public charge concerns: insufficient financial support or reliance on public benefits in some situations.
- Failure to appear: missed biometrics, interviews, or deadlines without a timely reschedule request.
- Fraud or misrepresentation: deliberate lies or forged documents usually lead to long-term bars.
Practical Next Steps If Your Family Immigration Application Is Denied
- Read the denial notice carefully — it explains the reason and whether you can appeal or file a motion.
- Preserve all documents and correspondence you submitted and received (including receipts and USCIS notices).
- Contact an experienced immigration attorney (especially for complex grounds like criminal issues, immigration violations, or suspected fraud).
- Act quickly on deadlines — motions or appeals often have short filing windows.
- Consider alternate paths or waivers — some denials can be remedied by a waiver or a different filing strategy.
How A Law Firm Will Help
Family immigration in Texas demands accuracy, timely filings, and legal strategy. A law firm will help to:
- Audit your packet before filing to avoid preventable denials,
- Build strong evidence packages to prove bona fide relationships,
- Prepare I-864 affidavits and joint sponsor strategies,
- Evaluate criminal and immigration violation issues early,
- Represent you in responses to RFEs, interviews, motions, and appeals.
Final Thought on Common Reasons Family Immigration Applications Get Denied in Texas
The truth is, family immigration is one of the most personal and emotional areas of U.S. immigration law. Families apply with hope for a new beginning, but denials can feel like devastating setbacks. The good news is that denials are often preventable; most are tied to mistakes in paperwork, lack of evidence, financial shortfalls, or past issues that were not addressed properly. By taking the time to understand these common reasons, families can avoid unnecessary delays and rejections.
At the Law Office of Udo Ezeamama, we believe every immigrant family deserves a fair chance. Our role is to guide you through the process step by step, ensuring that your application is accurate, complete, and backed with the strongest possible evidence. If you’ve already received a denial, it’s not the end of the road. Many families still succeed through motions to reopen, appeals, or filing new petitions with stronger evidence and legal strategies.
The journey to bring loved ones together in Texas may be challenging, but with the right legal support, it doesn’t have to be overwhelming. Don’t let preventable mistakes keep your family apart. Take proactive steps, know your rights, and work with an immigration attorney who will advocate for your success.