Time Limits of I-797, Notice of Action (reopening an I-130 case after 6.5 years)

[danielshap 0]

So this is random ...

 

After successfully getting my wife to the U.S. (she's had a green card for years now), we're working on my in-laws. They're actually being sponsored by my brother-in-law who is a U.S. Citizen so it's an I-130 we're after, a "Petition for Alien Relative."

 

It's a bit complicated because my father-in-law received his I-797 notice of action in Feb. 2011 while staying in the U.S. for an extended period. But by the time the form arrived, he already returned to Taiwan, where's he's been living for the last 6.5 years. I'm just finding out about this and trying to help, but I'm not sure how to proceed because it's been so long.

 

- Are cases closed if people don't follow up with the appropriate materials?

- On his I-797, it states that he needs to submit an I-485. We'll get that together now, but if the case is still pending, will that prevent him from entering the U.S. in the meantime?

- Also, since he returned to Taiwan (the case was started in Texas), does he need to submit an I-824? or can he come here and wait it out?

- Making matters even more complicated, the paperwork was started in Texas, but my brother-in-law has since relocated to Montana. Is there some sort of change of address for that is needed in cases like this?

 

Any help or advice would be much appreciated. I recall Visa Journey was extremely helpful when I was applying for my wife's visa, so hopefully there's someone out there with some insight.

 

Thanks.

[TNJ17 1,329]

It’s most likely been treated as abandoned now and you’ll have to start over. You should try contacting USCIS to verify anything but I do believe after that long a time it’s considered abandoned. 

[danielshap 0]

when I go to the USCIS website and enter the case number it still appears to be active. Is there any concrete way to determine if an application/case has been abandoned?

[geowrian 22,337]

1 hour ago, danielshap said:

- Also, since he returned to Taiwan (the case was started in Texas), does he need to submit an I-824? or can he come here and wait it out?

The I-824 may be necessary to retrieve it from the NRC (assuming it still physically exists). I would suggest contacting NVC to query about it. If it still exists and they can retrieve it via an I-824, he would go through consular processing (i.e. interview abroad). If not, he needs a new I-130.

He can't come to the US to wait anything out regarding getting a green card. It is visa fraud to enter the US with the intent of staying / adjusting status. He can visit during the process, but cannot come to stay until he has an immigrant visa.

 

Quote

- Making matters even more complicated, the paperwork was started in Texas, but my brother-in-law has since relocated to Montana. Is there some sort of change of address for that is needed in cases like this?

https://egov.uscis.gov/coa/displayCOAForm.do

Edited December 21, 2017 by geowrian