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mfmukhtar786

NVC letter of termination

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My father, a US citizen, had petitioned for his sister to immigrate to the US. NVC had their cases and sent out for the AOS packet back in 2009. However due to some family issues at the moment, the case was basically forgotten. NVC says they sent out Letters of Termination after not hearing from us. We do not have these letters. However they are saying the case has been terminated and needs to be refiled with a new I-130.

Does anyone know of anything at all that we can do to re-open our old case or refile but keep our same old priority dates? What steps should we take? Anything at all that we can do?

Thanks so much for all your help.

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hi

if they re file they cannot keep the old priority date, that's their fault. a new petition with a new priority date, have them contact an attorney to see if they can reopen the case if not, they will have to start all over again.

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If you have to file again you won't be able to retain the old PD date. You have to see if there is a way of reopening the old case. The NVC requires that you communicate with them at least once a year in order to keep the petition alive. If you don't do that, this is what happens. I would consult an immigration attorney. Good luck. FYI if a new petition has to be filed, there is a current wait of 12+ years.


This does not constitute legal advice.

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If you have to file again you won't be able to retain the old PD date. You have to see if there is a way of reopening the old case. The NVC requires that you communicate with them at least once a year in order to keep the petition alive. If you don't do that, this is what happens. I would consult an immigration attorney. Good luck. FYI if a new petition has to be filed, there is a current wait of 12+ years.

I dont think so. I have read on the NVC site that If you donot contact the NVC for one year, before the case is in completed status only the visa fees and the documentation gets expired and not the application itself.

But I suspect either the benificiary or pititioneer had cancelled the application. However if that is not the case, and if nothing else works hire an attorney for this issue.

Edited by G_One

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Well, I'm not sure, but I would think there has to be some sort of time limit even if it isn't one year. I always thought that meant they would cancel it. I would assume they won't just let you leave a petition lying around for so long. Anyway I only meant they would lose their PD if they refiled, if they are able to reopen their prior petition, that would be great. Hopefully they will consult an attorney and get this resolved.


This does not constitute legal advice.

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on complete different note. When I file for my sister they send me cancellation notice like after six year due to they requested some paper and I didn't provide.

I immediately send them letter and call and explain that I had never got their notice. I wrote on paper why should I not send if I have paper in hand and got the notice.

I also send them requested paper. By god grace someone over there put the file back in line with same Date.

Contact them ASAP

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