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Case closed at NVC; how to reopen?

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Filed: Other Country: Pakistan
Timeline

Here's how the story goes:

Brother (US citizen) applied for her sister's immigration. Sister had a son (11 then, 20 now) and daughter (15 then, 24 now). Case was at NVC stage, Case number assigned and fees paid, etc. Something happened in family and there was no communication between petitioner/beneficiary and NVC for over 5 years or so. Case was closed. Now they want to reopen the case (Case number from 2003). Questions:

1) Is it even possible to open a case that old? What is the procedure?

2) If open, can children (now 24 and 20) benefit from CSPA? (Case number was assigned at NVC in 2003 I believe, which would mean they were current at that time, right?)

Thoughts?


I-130 TIMELINE

12-5-04 Got married in Lahore, Pakistan

1-24-05 I-130 sent

1-31-05 NOA1 received in mail

3-22-05 Approved online

3-26-05 NOA2 received in mail

CASE APPROVED IN 55 DAYS

3-28-05 Case received at NVC

4-05-05 Case number assigned

4-11-05 AOS fee bill/ DS-3032 generated

4-14-05 Self-generated AOS/ DS-3032 sent

4-18-05 DS-3032 in system

4-25-05 IV fee bill generated

5-04-05 AOS fee in system (13 business days)

5-06-05 IV fee bill received (Finally!!!) and express mailed

5-09-05 I-864 generated

5-10-05 Self-generated I-864 packet sent

5-13-05 I-864 in system

5-23-05 I-864 review complete

5-23-05 IV fee in system (11 business days)

5-25-05 Self-generated DS-230 sent (Before Generation)

5-27-05 DS-230 in system

5-31-05 DS-230 generated

6-07-05 Case complete

6-21-05 Case forwarded to Islamabad

6-25-05 Letter received from NVC

CASE COMPLETED IN 63 DAYS

6-27-05 Case received at the embassy

6-28-05 Packet 3.5 sent out by the embassy

7-01-05 Packet 3.5 received

7-04-05 Packet 3.5 submitted

7-05-05 Embassy receives packet 3.5

7-21-05 Interview scheduled for 10-13-05

7-25-05 Embassy re-schedules interview for 8-10-05

8-10-05 Visa issued!!!

JOURNEY COMPLETED IN 201 DAYS

K-3 NOA1 date: 2-4-05 [RFE: 7-20-05]

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Here's how the story goes:

Brother (US citizen) applied for her sister's immigration. Sister had a son (11 then, 20 now) and daughter (15 then, 24 now). Case was at NVC stage, Case number assigned and fees paid, etc. Something happened in family and there was no communication between petitioner/beneficiary and NVC for over 5 years or so. Case was closed. Now they want to reopen the case (Case number from 2003). Questions:

1) Is it even possible to open a case that old? What is the procedure?

2) If open, can children (now 24 and 20) benefit from CSPA? (Case number was assigned at NVC in 2003 I believe, which would mean they were current at that time, right?)

Thoughts?

Im afraid they might need to start from the beginning.

If a period of one year passes without contacting the NVC (by e-mail, telephone, or mail), all

submitted fees and documents will expire. Upon expiration, the fees and documents would need to

be resubmitted in order to continue the immigration process.


USCIS (201 days)

07/12/2011-I-130 sent

07/15/2011-NOA1 received

02/01/2012-NOA2 receieved

NVC (20days)

03/19/2012-case received at NVC

04/03/2012-Got case #,IIN from operator

04/03/2012-Emailed DS-3032

04/04/2012-Pay AOS fee ($88)

04/05/2012-AOS fee showing its PAID

04/09/2012-Sent AOS package

04/16/2012-Received IV fee bill

04/17/2012-Paid IV bill ($230)

04/18/2012-IV fee showing its PAID;sent IV package

04/23/2012-Case complete

05/03/2012-Interview date set

06/06/2012-Interview date

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Filed: FB-3 Visa Country: Philippines
Timeline

What exactly is the priority date of the petition for the sister ? If it's in 2003 then the petition is not yet current because the NVC is processing only Dec 1, 2000 PDs. That means this case is awaiting visa availability and is not expired. Ask petitioner or beneficiary to call or email NVC to find out the case status.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

have the petitioner call in, inquire for casefile status, inquire for how to resume processing.

Use a telephone.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: Citizen (apr) Country: Nigeria
Timeline

In regards to the children , CPSA would cover the time from when the case was submitted to when it was originally approved. So if they sent it in Jan of 2003 and it was approved in Jul you could remove 6 months from the childs age to see if they still are "under 21" age only freezes for USC's applying for their own children. I don't know how slow approval was back then but I would guess the older child has long since aged out and the younger one still has hope.


This will not be over quickly. You will not enjoy this.

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Filed: Country: Vietnam (no flag)
Timeline

Here's how the story goes:

Brother (US citizen) applied for her sister's immigration. Sister had a son (11 then, 20 now) and daughter (15 then, 24 now). Case was at NVC stage, Case number assigned and fees paid, etc. Something happened in family and there was no communication between petitioner/beneficiary and NVC for over 5 years or so. Case was closed. Now they want to reopen the case (Case number from 2003). Questions:

1) Is it even possible to open a case that old? What is the procedure?

2) If open, can children (now 24 and 20) benefit from CSPA? (Case number was assigned at NVC in 2003 I believe, which would mean they were current at that time, right?)

Thoughts?

You need to clarify the situation about what happened in 2003. Was that when the petitioner file the I-130? Was that when the I-130 was approved and forwarded to the NVC? Was that when the PD was current and the beneficiary applied for an immigration visa? Without know which of these events occurred, no one can properly advise you.

What were the fees paid for - the I-130 or the DS-230? Were fees ever actually paid for the DS-230s and I-864?

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Filed: Other Country: Pakistan
Timeline
1335033784[/url]' post='5319193']

You need to clarify the situation about what happened in 2003. Was that when the petitioner file the I-130? Was that when the I-130 was approved and forwarded to the NVC? Was that when the PD was current and the beneficiary applied for an immigration visa? Without know which of these events occurred, no one can properly advise you.

What were the fees paid for - the I-130 or the DS-230? Were fees ever actually paid for the DS-230s and I-864?

Thanx for replies.

Their case must've been filed in early 90s because in 2003, they were at NVC stage. PD must've been current then as they were receiving all communications from NVC. They paid IV fees. No AoS fees were paid I believe.

So, in summary, PD was current in 2003. Question now is: Can they reopen the case & what's the procedure? Seems like its been 8-9 years since they last communicated with NVC.

Another related question to further complicate the situation: older daughter is not even listed as a dependent beneficiary on original petition. Can she even be added now?


I-130 TIMELINE

12-5-04 Got married in Lahore, Pakistan

1-24-05 I-130 sent

1-31-05 NOA1 received in mail

3-22-05 Approved online

3-26-05 NOA2 received in mail

CASE APPROVED IN 55 DAYS

3-28-05 Case received at NVC

4-05-05 Case number assigned

4-11-05 AOS fee bill/ DS-3032 generated

4-14-05 Self-generated AOS/ DS-3032 sent

4-18-05 DS-3032 in system

4-25-05 IV fee bill generated

5-04-05 AOS fee in system (13 business days)

5-06-05 IV fee bill received (Finally!!!) and express mailed

5-09-05 I-864 generated

5-10-05 Self-generated I-864 packet sent

5-13-05 I-864 in system

5-23-05 I-864 review complete

5-23-05 IV fee in system (11 business days)

5-25-05 Self-generated DS-230 sent (Before Generation)

5-27-05 DS-230 in system

5-31-05 DS-230 generated

6-07-05 Case complete

6-21-05 Case forwarded to Islamabad

6-25-05 Letter received from NVC

CASE COMPLETED IN 63 DAYS

6-27-05 Case received at the embassy

6-28-05 Packet 3.5 sent out by the embassy

7-01-05 Packet 3.5 received

7-04-05 Packet 3.5 submitted

7-05-05 Embassy receives packet 3.5

7-21-05 Interview scheduled for 10-13-05

7-25-05 Embassy re-schedules interview for 8-10-05

8-10-05 Visa issued!!!

JOURNEY COMPLETED IN 201 DAYS

K-3 NOA1 date: 2-4-05 [RFE: 7-20-05]

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Filed: FB-3 Visa Country: Philippines
Timeline

You have to be sure about the details of the case. Anyway, beneficiary is given only 1 year to pursue the immigration application when PD becomes current. Failure to do so will result in its expiration and a new petition needs to be filed.

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Filed: IR-1/CR-1 Visa Country: Kenya
Timeline

Here's how the story goes:

Brother (US citizen) applied for her sister's immigration. Sister had a son (11 then, 20 now) and daughter (15 then, 24 now). Case was at NVC stage, Case number assigned and fees paid, etc. Something happened in family and there was no communication between petitioner/beneficiary and NVC for over 5 years or so. Case was closed. Now they want to reopen the case (Case number from 2003). Questions:

1) Is it even possible to open a case that old? What is the procedure?

2) If open, can children (now 24 and 20) benefit from CSPA? (Case number was assigned at NVC in 2003 I believe, which would mean they were current at that time, right?)

Thoughts?

Since this is brother filing for sister, I think the case did not expire. Your case is just waiting visa availability for your sister since they take nearly 10 years of more to become available.

You need to call NVC, give them the case number and then ask them how to go on from here. Chances are they will tell you that the visa is not yet available and there is more waiting to do. Also, life happens while waiting for many years so if the sister now has children while at the time of petition on one had been born, I don't think there is cause to worry. There is a procedure for adding children that may have been born while waiting for visa availability.

Please make sure you sort this out with NVC on telephone.You can email them too, just so you get documentated communication with NVC. Especially the question about children who are now older. As for the daughter who was not even on the petition, that would be a problem. Why were all children not put on the petion? NVC would be the one to provide all answers to you correctly.

If NVC says the petition is waiting for visa availablity, from now on, call them every few months or check the DOS website to see when your sister's visa will be available. Of course it will show the YEAR that visas are currently available for.

All the best to you.

Edited by Gigli2008

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Filed: Country: Vietnam (no flag)
Timeline

Here's how the story goes:

Brother (US citizen) applied for her sister's immigration. Sister had a son (11 then, 20 now) and daughter (15 then, 24 now). Case was at NVC stage, Case number assigned and fees paid, etc. Something happened in family and there was no communication between petitioner/beneficiary and NVC for over 5 years or so. Case was closed. Now they want to reopen the case (Case number from 2003). Questions:

1) Is it even possible to open a case that old? What is the procedure?

2) If open, can children (now 24 and 20) benefit from CSPA? (Case number was assigned at NVC in 2003 I believe, which would mean they were current at that time, right?)

Thoughts?

Thanx for replies.

Their case must've been filed in early 90s because in 2003, they were at NVC stage. PD must've been current then as they were receiving all communications from NVC. They paid IV fees. No AoS fees were paid I believe.

So, in summary, PD was current in 2003. Question now is: Can they reopen the case & what's the procedure? Seems like its been 8-9 years since they last communicated with NVC.

Another related question to further complicate the situation: older daughter is not even listed as a dependent beneficiary on original petition. Can she even be added now?

Are you just guessing? Just because a case is at the NVC does not mean that IV fees were paid.

Assuming your guess is correct and the IV fees were paid but not the AOS fee, then it may be possible to reopen the case. The I-130 never expires since it's purpose is to show a qualifying family relationship that allows the beneficiary to apply for an immigration visa when his/her PD becomes current. New fees will need to be paid. Contact the NVC with the relevant case information.

CSPA will not apply. CSPA protection last for only one year after the PD becomes current. (The exception will not apply. CSPA was wrongly interpreted in the early days and the exception was made to fix that. It does not apply to most people. It doesn't apply to people who fail to pursue their case.) See here; http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=10409fed09eb9110VgnVCM1000004718190aRCRD

Q. Are people who did not file an application for permanent residence within one year of the visa becoming available still able to apply under CSPA?

A. Generally, no. However, because of the recent change in interpretation of the CSPA, USCIS will permit certain individuals to apply outside of this one year period.

Individuals that are eligible to apply for permanent residence under CSPA after one year of a visa becoming available include:

  • Beneficiaries (or derivatives) of a visa petition that was approved prior to August 6, 2002 AND
  • had not received a final decision on an application for permanent residence based on that visa petition prior to August 6, 2002 AND
  • the visa became available on or after August 7, 2001 AND
  • who met all of the other eligibility requirements for CSPA (see above)

The 24 years old will not be able to immigrate.

The 20 years old will only be allowed to immigrate if she/he is under 21 at the interview.

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