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Thelawman2, Lawyer
Category: Immigration Law
Satisfied Customers: 1574
Experience:  Attorney-at-Law
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My wife and I got our NVC Welcome Letter a year ago for my

Customer Question

My wife and I got our NVC Welcome Letter a year ago for my youngest son. We already paid our fees also almost a year ago. Its only now we were able to collect our necessary documents and we wish to continue what we've left in the process. Does such welcome letter expires? or if not is it okay to just submit those needed papers to NVC. Thank you.
JA: Have you talked to a lawyer yet?
Customer: Not now. Not yet.
JA: Anything else you think the lawyer should know?
Customer: Actually we are a little bit pressured since my subject son will turn 21 next January 8.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thelawman2 replied 1 year ago.

The DOS has gotten very efficient with the NVC and their goal is to move cases on, they don't want to sit on hundreds of cases. You can play a dance by extending the one year termination by delaying at certain stages complying with NVC requests. But this is a very delicate dance and needs you constant attention or the petition can be terminated.

See below.

Consequently, you have one year after being notified by the NVC that your priority date is current and you should apply for the visa. Failure to apply within the one year will trigger the NVC to return the petition to the USCIS. At that point the petition would be terminated.

"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 two 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.

State Department regulations at 22 CFR § 42.83 provide further instruction to the agency on how to proceed when the visa applicant has failed to appear at the consular interview, to apply for an immigrant visa after notification by the National Visa Center (NVC), or to present evidence overcoming the basis for a consular refusal. The alien is given one year to re-schedule the consular interview, respond to the NVC notification, or submit the additional evidence. If the alien fails to do that, the DOS is empowered to terminate the registration and send the alien notification. The notice also informs the alien that the registration may be reinstated if, within one additional year, he or she establishes to the satisfaction of the agency that the failure to apply for the immigrant visa, attend the interview, or submit the necessary evidence within the first year was due to circumstances beyond his or her control. Examples of such circumstances include “an illness or other physical disability preventing the alien from traveling, a refusal by the authorities of the country of an alien's residence to grant the alien permission to depart as an immigrant, and foreign military service.” Failure to receive the DOS notification of the availability of the visa or of the consular interview is not a valid reason if the applicant did not keep the DOS informed of his or her address.

Expert:  Thelawman2 replied 1 year ago.

See additional information below:

Section 203(g) of the Immigration and Nationality Act requires intending immigrants to pursue their visa applications within one year from the date they are given official notice to apply for an immigrant visa. If the beneficiary fails to take action on the case within one year, the visa petition is terminated. A Notice of Termination (TERMLT-1) is sent if the beneficiary fails to:  Submit a DS-230 or DS-260 visa application form;  Show up for a visa interview without having submitted written notice to the IV unit; or  Take further action on his/her visa application after it was refused under INA §221(g) or due to lack of documentation. A visa application may be reinstated and the petition revalidated if within one year of the termination notice the applicant can establish that failure to pursue his/her immigrant visa application was due to circumstances beyond his/her control. Many individuals, particularly those who file to adjust status do not receive any notice from DOS, and their petitions may have been terminated without their knowledge. In the past, when these individuals filed for adjustment of status, or appeared for interviews, the adjustment applications were processed – essentially with a “reinstatement” of the petition that should not have been terminated in the first place. Recently, some USCIS offices are taking the position that a 203(g) termination will lead to the complete revocation of the underlying immigrant petition and that therefore, the applicant is ineligible for adjustment of status. Please advise as to whether there is a new more restrictive policy regarding these situations, and if so, the reason for this policy change.

USCIS Response: DHS regulations have provided since 1996 that DOS termination of registration automatically revokes approval of a visa petition. 61 FR 13061, 13078 (1996) amending 8 CFR 205.1. DOS regulations require notice to the beneficiary. 22 CFR 42.83(c). If the beneficiary believes the termination was mistaken or erroneous, he or she may ask the consular officer to reinstate the registration. Id. If the consular officer reinstates the registration, the approval of the visa petition is also reinstated. Id. at §42.83(d). USCIS lacks the authority to reinstate a visa petition automatically revoked due to DOS’s termination of registration. Any claim that the termination of registration was not valid due to lack of notice should be addressed with DOS, not USCIS. For this reason, the beneficiary should contact DOS about possible reinstatement of registration before applying for adjustment. Additionally, individuals should be certain that the DOS always has a current address or other contact information for beneficiaries of visa petitions.

Expert:  Thelawman2 replied 1 year ago.

Please let me know whether you are satisfied with my answer.