No word from USCIS ins 2006 on NOA2

[Adrian Melendez 0]

I just learned to day that my brother-in-law, who is a permanent resident, has been waiting 8 years for an IR1 visa for his wife. According USCIS website his approval notice for I-130 was sent on March 10, 2006. Back in 2006 he did receive NOA2 but he claims that was the last time he heard from them. No letter, no phone calls. He also told me that he has called them and that they always tell him that his case is being process, but no other information. Out of curiosity I called NVC and entered the USCIS receipt number and the voice response system said they had no record of his case.

I guess my questions are, if has been approved shouldn’t it be at the NVC? Has he waited so long that his case has been withdrawn? Why would they have not sent him more instructions or follow up letter? We plan to call USCIS tomorrow and see if they can give us some answers. But any help would be appreciated.

As for me, visa journey has been a great help in getting all the document to USCIS correctly. My wife is now waiting for the NVC to issue her an interview date (hopefully soon).

[imaisha 1]

Unfortunately if the NVC has no contact with you after one year then they close the file which is why the AVR has no record of his case. He'll have to refile with USCIS if he wants to try again. I'm not sure what things were like 3+ years ago or how they got in touch with petitioners back then but I'm assuming the NOA2 still said that the petition was sent to the NVC and he really should have contacted them if they didn't get to him. Waiting 3+ years was definitely too long to start wondering but hopefully the process will be easier for him this time with visajourney to guide him.

[godfrey 0]

he is ok if he filed as LPR they are processing approvals with priority date of august 2004 last time i checked.Other question why hasnt he filed for citizenship which speeds up the process?I know probably he has his own resons but was just wondering.I was in same situation filed in jan 13 2006 and case did not move an inch till i became citizen.Advise call uscis and nvc see who help but honestly file for citizenship and get your wife here in less than 6 months

[Adrian Melendez 0]

he is ok if he filed as LPR they are processing approvals with priority date of august 2004 last time i checked.Other question why hasnt he filed for citizenship which speeds up the process?I know probably he has his own resons but was just wondering.I was in same situation filed in jan 13 2006 and case did not move an inch till i became citizen.Advise call uscis and nvc see who help but honestly file for citizenship and get your wife here in less than 6 months

He submitted his paper work 8 years ago, back in 2001, but got approved in 2005. I think "imaisha" may be correct and that he may need to re-file again. He told me the reason he has not applied for US Citizenship yet is because he cannot remember if he signed up for Select Service when he became a permanent resident (I’m going to check that this morning).

If it is true and his case has been dropped then I will recommend he become a US Citizen then reapply for his wife.

[Beth/ Paris Heart 2]

I just learned to day that my brother-in-law, who is a permanent resident, has been waiting 8 years for an IR1 visa for his wife. According USCIS website his approval notice for I-130 was sent on March 10, 2006. Back in 2006 he did receive NOA2 but he claims that was the last time he heard from them. No letter, no phone calls. He also told me that he has called them and that they always tell him that his case is being process, but no other information. Out of curiosity I called NVC and entered the USCIS receipt number and the voice response system said they had no record of his case.

I guess my questions are, if has been approved shouldn’t it be at the NVC? Has he waited so long that his case has been withdrawn? Why would they have not sent him more instructions or follow up letter? We plan to call USCIS tomorrow and see if they can give us some answers. But any help would be appreciated.

As for me, visa journey has been a great help in getting all the document to USCIS correctly. My wife is now waiting for the NVC to issue her an interview date (hopefully soon).

If he was approved in 2006 and his case forward to NVC, after 1 year if NVC dont hear from him, the case dies. They "to me" would think only send 1 notification, and that is it, they wont keep trying to reach the petitioner or beneficiary.

Call USCIS and see what to do, but I think he needs to start the whole process over again starting with USCIS.

[Adrian Melendez 0]

If he was approved in 2006 and his case forward to NVC, after 1 year if NVC dont hear from him, the case dies. They "to me" would think only send 1 notification, and that is it, they wont keep trying to reach the petitioner or beneficiary.

Call USCIS and see what to do, but I think he needs to start the whole process over again starting with USCIS.

The problem is there is no evidence that the case was ever sent to NVC. When he calls USCIS they tell him the petition has been approved and to wait for further instructions.

I read somewhere that they issue out a cretin number of Visas each year, and that beneficiaries with US petitioners get first dibs then it goes to the person that has been waiting the longest. Is it possible that they are waiting for a Visa number to come available before sending it to NVC? He is going to call USCIS tonight.

I did check http://www.sss.gov/ and his name does not appear on the list.

The good news is that he is over the age of 31 and according to this statement: http://www.shusterman.com/natz-ss99.html

Applicants Over 31 Years of Age

Failure to register for Selective Service will generally not prevent a man who was over 31 years of age on the day he filed his naturalization application from demonstrating that he is eligible for naturalization. Even if the applicant was required to register and the applicant's failure to register was knowing and willful, the failure occurred outside of the statutory period during which the applicant is required to establish his attachment to the good order and happiness of the United States. The INS may, of course, consider a person's conduct before the beginning of this period. INA § 101(f) (last sentence) and § 316(e). If the INS denies naturalization to a man who is at least 31, based on his failure to register with Selective Service, the decision must state explicitly the basis for finding that the failure to register warrants denial of naturalization. As a practical matter, a male applicant over 31 years of age who failed to register with Selective Service should, ordinarily, be found eligible for naturalization unless INS has other evidence, in addition to the past failure to register, that demonstrates that the applicant is not well disposed to the good order and happiness of the United States."

He should be ok to file for Naturalization with out being denied.

[imaisha 1]

The problem is there is no evidence that the case was ever sent to NVC. When he calls USCIS they tell him the petition has been approved and to wait for further instructions.

I read somewhere that they issue out a cretin number of Visas each year, and that beneficiaries with US petitioners get first dibs then it goes to the person that has been waiting the longest. Is it possible that they are waiting for a Visa number to come available before sending it to NVC? He is going to call USCIS tonight.

i'm not sure where you read that. perhaps you're misunderstanding the quota system? if his priority date came and went then the visa became available but because he did not pursue it he lost his place in line. i'm not sure how much more information USCIS will be able to give you. he should try calling NVC himself and speaking to an operator. they're available until 12am EST and if you're lucky they'll be able to see cases that old.

i'm 99.9% certain he is just going to have to refile though.

[Adrian Melendez 0]

So here is the update.

My brother-in-law made an appointment with USCIS by using “InfoPass”. According to him Immigration told him that the case was still active and for him to submit the form I-485. It makes no sense to me but he is going to do it anyways. Thanks again for all your help.

[imaisha 1]

So here is the update.

My brother-in-law made an appointment with USCIS by using “InfoPass”. According to him Immigration told him that the case was still active and for him to submit the form I-485. It makes no sense to me but he is going to do it anyways. Thanks again for all your help.

That's crazy... but great news!

[godfrey 0]

for green card holder takes years over 5 then depends on the country and quota system .If he think he cant get citizenship because he never registered for selective servise ,they will ask for reson why you did not.i never registered they asked for reason i gave it they approved and after that my spouce petion seems quicker.If he cant remember if he registered have him go to www.sss.gov check .

[godfrey 0]

. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

All Charge-

ability Areas Except Those Listed

.........rest ...........china.........india.........mexico.......philipines

1st...15NOV02...15NOV02 15NOV02 01JAN91 01SEP93

2A...22DEC04....22DEC04 22DEC04 22JUN02 22DEC04

2B...15APR01.....15APR01 15APR01 01MAY92 01APR98

3rd...22OCT00....22OCT00 22OCT00 01JUL91 01JUL91

4th...22OCT98 22OCT98 22OCT98 1 5JUN95 08AUG86

*NOTE: For July, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22JUN02. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUN02 and earlier than 22DEC04. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

These from current visa bulletin so his category is F2A since LPR from mexico from you timeline -his case still current if priority date is before 22jun02 its does not matter when it got approved ----if he gets citizenship just need upgrade and remove the quota and availability limit .

Edited June 20, 2009 by kaino