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I omitted mentioning the preparer in an immigration form… What can I do?

Giselle Ayala - Abogada de inmigración

Like any other form, an I-130 form is submitted to the USCIS to file an immigration petition. Accordingly, it must be accurate and bear no erroneous or misleading information. In the case of forms prepared by non-attorneys, the prepare’s information is of fundamental importance. This is important considering that, if there is a mistake in the I-130 the preparer may be required to explain.

Being that said, it is essential to understand that if someone else helps an applicant to complete a petition, but this person is not the one who assumes responsibility for preparing the form, in other words, completing the form, requesting the accompanying evidence, and calling the “client” to review and sign, it may not be a severe mistake omitting the name on the person who simply helped the applicant with the questions.

On the other hand, it is also important to consider that the role of the preparer will be considered by an immigration officer during the interview. If the immigration officer finds that the information included in the form does not resemble the information provided by the applicant during the interview he may ask if someone helped him to answer the questions.

Additionally, if there are mistakes or missing information, in some cases, during the interview the immigration officer makes changes to the forms and advises the applicant about those changes before requesting his signature.

Finally, in regard to the issue of who can attend an immigration interview, applicants and petitioners must remember that an interview notice is usually accompanied by a set of instructions. For purposes of family-based petitions, usually, the petitioner and the applicant must attend the interview together.

ATTENTION. This information is only for guidance purposes. DO NOT make any determination based only of this information. Each case is different, and it is always better to consult an attorney first.


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