The Law Offices of Anna Danielian

Building a Solid Foundation: Why Your Initial Filing Matters More Than Ever

I have seen it happen more times than I can count: a case lands on my desk that is already in deep trouble. Often, these are filings where someone tried to go it alone, perhaps relying on AI to generate a petition from scratch. Other times, the paperwork comes from another attorney.

The red flags are usually obvious the moment I open the file. I see employment petitions backed by generic, AI-generated evidence, marriage cases with almost no proof of a real relationship, or applications where essential documents are just missing. On paper, the case exists, but the substance is incredibly thin.

The Risk of the "Thin" Application

In those moments, my advice is often the same: withdraw the case. Stop the clock before things get worse. I tell people to take a breath, regroup, and gather the real documents that should have been there from day one. It is better to rebuild a filing carefully and honestly so it actually reflects the facts of your life.

For a long time, many people believed that withdrawing a petition simply closed the book on a problematic filing. However, a recent decision from the Administrative Appeals Office shows that the reality is a bit more complicated.

Matter of Texperts, Inc., 29 I&N Dec. 491 (AAO 2026)

In Matter of Texperts, Inc., the AAO looked at what USCIS is allowed to do after a case is withdrawn. The good news is that once you withdraw, USCIS cannot deny the case on its merits. Since the case is no longer pending, they can’t keep adjudicating it as if it were still active.

But here is the catch: your record does not necessarily vanish just because you withdrew the application. The AAO explained that officers can still make findings about what they believe happened in that case. This includes findings of fraud or willful misrepresentation. Those conclusions stay in your file and can cast a long shadow over any future immigration filings you make.

In the Texperts case, USCIS tried to make a fraud finding but failed to explain it properly. They mentioned fraud in their notice but didn't actually walk through the legal elements or connect the evidence to those elements. Because they skipped that analysis, the AAO pushed back and sent the case back to the agency to do the work properly if they still believe fraud occurred.

"The second you file a case, it becomes a permanent part of your record. Everything you submit—every claim and every piece of evidence—can be examined in ways you might never expect."

Get it Right the First Time

There is a vital lesson here for all of us.

While withdrawing might stop an immediate denial, it doesn't always erase what was put into the file. This is why the most important part of your journey is the very first step: preparing that initial filing.

Your first submission needs to be handled with extreme care, supported by real evidence, and grounded in facts that can stand up to a microscope. When a case is built on generic language or rushed materials, those problems don't just go away because you hit the exit button later.

In immigration law, the first version of the story the government hears is usually the one that follows you for years. Once certain notes appear in your record, they are very difficult to remove. It is always better to get it right the first time.