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Problems with NVC for Waiver Applicants

April 22, 2013 by Thomas Geygan

Passport and documentsPeople who have had I-130, Petition for Alien Relative approved and sent to the National Visa Center (NVC) more than a year ago may have to re-file their petition as the NVC may have destroyed the original documents.  INA 203(g) states in relevant part “The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien’s control.”
The NVC as part of the termination process destroys the original documents that made up the USCIS file.  While you may still have your original approval notice, none of the submitted documents any longer exist once the file is destroyed.  Because of this, a new petition needs to be filed with USCIS.
One of the requirements in the Provisional Waiver application is that you have an immigrant visa case pending with the U.S. Department of State (DOS), for which you have already paid the immigrant visa processing fee.  Once your NVC case is terminated, unless it is within one year of the termination, your file will be destroyed and a new petition will need to be filed to have your case at the NVC.  Please note these procedures are different for people who do not need the provisional waiver and who can adjust their status within the United States.
If your case at the NVC has been terminated, please speak to an attorney right away.  It is critical for the success of your case that you can prove you meet all elements of the Provisional Waiver.  We focus our practice on immigration law, current immigration policies, and helping people just like you, every day.  We will listen to your concerns and answer your questions; you are not alone.
If you have an immigration issue, your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will gently walk you through your immigration issues, guiding you and your family, and aggressively representing you before USCIS, the National Visa Center and the Consulates as needed.

Filed Under: Family based Immigration, Green Card, Soap Box, Waiver

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