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Filed: Citizen (apr) Country: Pakistan
Timeline
Posted

Hi,

Today I received the I-797C(Notice of action) related to a an I-130 petition filed for my mother. My question is that what do I expect next. Am I supposed to wait and hear from the USCIS or initiate some other form filing? The priority date states July 21st. Also, on an average, how long does it take to obtain a visa for parents under such circumstances? Appreciate your response in advance.

Thank you,

Syed

IR5 For Parent

Posted

Parents don't have to wait for a visa to become available so your petition will go directly towards NVC processing. That usually takes about about a month. At which point you will receive a letter from them with instructions of what to do next. The first thing is file the choice of address and agent form, which I believe is online now. Then pay the required fees and submit the required docs. There is no specific time it takes because it depends on a variety of factors, like how fast you are able to obtain and send in the documentation, how busy the NVC is, how busy the consulate is, etc. It can take as little as a few months. Up to and over a year for some people. Here is a link with relevant info:

http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html

This does not constitute legal advice.

Posted

Parents don't have to wait for a visa to become available so your petition will go directly towards NVC processing. That usually takes about about a month. At which point you will receive a letter from them with instructions of what to do next. The first thing is file the choice of address and agent form, which I believe is online now. Then pay the required fees and submit the required docs. There is no specific time it takes because it depends on a variety of factors, like how fast you are able to obtain and send in the documentation, how busy the NVC is, how busy the consulate is, etc. It can take as little as a few months. Up to and over a year for some people. Here is a link with relevant info:

http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html

The above is correct when you are at the NVC stage. However, since you said your priority date is July 21St, I'm assuming you got your NOA1. if so you will have to wait for case approval at USCIS which takes 5 to 6 months depending on service center.

Posted

Yes, I hadn't noticed that he just filed the petition. Therefore, I just want to clarify that the above processing times I mentioned, are in addition to the actual time it takes USCIS to approve the petition.

This does not constitute legal advice.

  • 1 month later...
Filed: Citizen (apr) Country: Pakistan
Timeline
Posted

Shouldn't USCIS ask for more documents to approve the case. At this point they have simply acknowledged my application based on my eligibility and only one document that would prove my mothers relationship to me. They didn't even ask for her documentation other than a BC. I had always thought that the local embassy would take more time to verify an applicants documents rather than the USCIS who at this point only have to verify the petitioner(myself). So, according to your posts, my next step is to wait 4-6 months, till USCIS approves my application and sends me another NOA and then submit other forms and documents as per requirement?

IR5 For Parent

Posted

I get your point, but USCIS job is only to verify that a relationship exists for immigration purposes as well as running certain security checks. It's up to the DOS to determine the applicant's eligibility for a visa. Therefore, your case being approved by USCIS, only means that a relationship exists, not that a visa will be issued. For a visa to be issued, the immigrant has to apply for, submit the required documents, and meet all other requirements for a visa. When your case is approved and sent to the NVC, this is where they would aks for things like civil docs and financial support, etc.

Shouldn't USCIS ask for more documents to approve the case. At this point they have simply acknowledged my application based on my eligibility and only one document that would prove my mothers relationship to me. They didn't even ask for her documentation other than a BC. I had always thought that the local embassy would take more time to verify an applicants documents rather than the USCIS who at this point only have to verify the petitioner(myself). So, according to your posts, my next step is to wait 4-6 months, till USCIS approves my application and sends me another NOA and then submit other forms and documents as per requirement?

This does not constitute legal advice.

Posted

You filed back in July, so it may be another 4 or 5 months. I'm not sure what the current processing times are. I also don't know what would qualify as a reason for an expedite.

That best thing to do is check the current processing times to give you an idea of when the petition may be approved. If you see that the processing time has been reached and your petition hasn't been approved, then you can start taking action to find out what's going on. Otherwise, right now they will just tell you that you have to wait.

So, how long do I have to wait until I hear from the USCIS regarding an approval or RFE? Is there anything I can do at this stage to expedite the approval?

This does not constitute legal advice.

 
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