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Tanyaru12

Question on postponing visa after I130 for parent

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Hi, I am a USC and have a question. Can I file an I-130 for my mom and after it’s aporoved just “sit on it”? I want to help my mom to immigrate over here eventually but the time line is between 2 and 6 years right now so I was wondering if I can get the first step done and start the second step at some other time.

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Posted (edited)

It will take about 6+ months to get approved at USCIS (1st step), then it will be forwarded to NVC. At the NVC stage (which is the 2nd step) you can sit on it for about 1 year.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/begin-nat-visa-center.html

Important Notice: Termination of Registration

"Immigration and Nationality Act (INA) section 203(g) provides that the Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability. The petition may be reinstated if, within two years of notice of visa availability, the alien establishes that the failure to apply was for reasons beyond the alien’s control. Therefore if you do not respond to notices from the NVC within one year you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date."

Edited by nastra30

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Just wait and file for your mother when she is ready to immigrate.  Keep it simple and do things the normal way.

 

You can keep a case at the NVC active with yearly contact.  

 

When you go outside of normal processing, don't be surprised if things go outside of normal.

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12 minutes ago, nastra30 said:

It will take about 6+ months to get approved at USCIS (1st step), then it will be forwarded to NVC. At the NVC stage (which is the 2nd step) you can sit on it for about 1 year.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/begin-nat-visa-center.html

Important Notice: Termination of Registration

"Immigration and Nationality Act (INA) section 203(g) provides that the Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability. The petition may be reinstated if, within two years of notice of visa availability, the alien establishes that the failure to apply was for reasons beyond the alien’s control. Therefore if you do not respond to notices from the NVC within one year you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date."

Great information, thank you very much!!!

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There is no requirement that a foreign parent of a USC has to immigrate to the US. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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