Risks When Filing a Family-Based Green Card Petition Without Legal Help: What Pro Se Applicants Should Know

Are you planning to handle your immigration case on your own? The US Citizenship and Immigration Services (USCIS) allows you to apply for a green card pro se, meaning without legal assistance.

Yet, with stricter immigration enforcement and increased scrutiny in green card applications, any error, regardless of how minor, can jeopardize your immigration goals. Before considering self-representation, understand the process’s complexity and risks of filing a green card petition without a qualified immigration lawyer. 

USCIS New Policy Guidance on Family-Based Green Card Processing

The Immigration and Nationality Act (INA) permits US citizens and lawful permanent residents (LPRs) to submit a petition for an alien relative. They can either be an immediate relative or a beneficiary classified under the family-based preference category. 

Due to fraudulent or frivolous family-based green card petitions, USCIS has imposed stricter standards, requiring more detailed evidence to confirm the legitimacy of marriages and family relationships. 

The updated family-based immigration policy clarifies who is eligible and how USCIS reviews applications. In particular, it specifies the conditions under which USCIS must require an interview and deny a family-based immigrant petition

Increased Risks of Pro Se Applicants When Filing a Green Card Petition

Extreme attention to detail is imperative for any immigration application. With the more detailed documentation standards and aggressive enforcement tools, families filing a green card petition on their own are most vulnerable to the following risks, particularly those residing in the US without lawful status: 

Face Outright Denial Without a Warning or Notice

The new policy guidance on family-based green card processing gives immigration officers greater discretion to deny petitions immediately when necessary documents are missing or when approval lacks a solid legal basis. 

Unlike previous policies, USCIS may not send you a Request for Evidence (RFE) to give you a chance to submit additional documents and address insufficient information. They may also issue a Notice of Intent to Deny (NOID), which typically allows applicants to respond and overcome the grounds for denial. 

That means you can face outright denial without warning or notice, even for honest errors you could previously fix. 

Receive a Notice to Appear Following Denial

A US immigration officer issues a Notice to Appear (NTA) when starting removal proceedings against an individual who is not lawfully present in the country or suspected of having committed fraud or misrepresentation in a green card petition. 

The new family-based green card processing policy has expanded the circumstances under which USCIS can serve NTAs to undocumented applicants and those with a denied immigration visa petition. 

Minimize Immigration Risks With the Assistance of ALG Lawyers

Filing pro se is legally possible, but a simple oversight in your application can put your green card eligibility and approval at risk. You can significantly minimize the risks of errors, denials, and removal proceedings by seeking assistance from an experienced Los Angeles immigration lawyer. 

Our team at ALG Lawyers can help ensure your application is filed precisely and on time. We can also assist you in presenting clear evidence to reduce the risk of outright denial and the issuance of NTAs. Call us now to initiate a confidential consultation for your immigration application and concerns. 

FAQs on Risks When Filing a Family-Based Green Card Petition Without Legal Help: What Pro Se Applicants Should Know

In severe cases, denied family-based green card applicants without lawful status or those approaching the end of their authorized stay at the time of denial may face a higher risk of receiving a Notice to Appear, the first step in initiating removal or deportation proceedings. 

A legal consultation with a Los Angeles immigration lawyer is the most proactive way to reduce immigration risks. But those considering submitting a green card petition as pro se applicants can verify information with USCIS official sources to ensure no detail is overlooked. It’s equally essential to stay up to date on current policies that may impact the petition process. 

Appealing is possible if the denial resulted from the immigration officer’s error in applying the law. Generally, you can find the information concerning your right to appeal in the denial or revocation notice. If you don’t have an option to appeal, another alternative is to file a motion to reconsider. You can also refile a new green card petition with more comprehensive evidence. 

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)