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epixx

NVC F4 Case On Hold - One Year Contact Requirement

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Posted (edited)

Hi,

 

I have a question regarding my case and whether anyone has or had a similar situation that can give advice on how to proceed.

 

My brother is petitioning for me (brother) for a F4 visa and we were notified by the NVC in April 2018 to start the process of submitting the required documents.

 

After submitting the required documents to the NVC  a response letter in October 2018 from the NVC stated that the petitioner has insufficient information and that the case is on hold until they receive the missing information as well as to notify them within a year as to developments with the application or all fees and documents will expire.

 

An immigration lawyer was contracted and it was revealed that the petitioner does not meet the required income and that a joint sponsor submit documents (I-864, W2, Tax statements, etc) for me to take to the interview at the embassy when notified by the NVC but there is a delay finding someone and the time is running out.

 

I see on the NVC website about the one year contact requirement and that an application can be terminated if any alien fails to apply for an immigrant visa within one year of notice of visa availability and that 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. 

 

I have contacted the NVC and updated them on the situation by email which takes a while for a response and will also call but I am concerned based on what the NVC states that 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.

 

Can anyone relate to this and have been successful in reinstating their case after failing to apply within the one year specified?

Edited by epixx

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Ok, I guess that would probably be true. But if, say, a relative who became a green card holder be eligible to be a joint sponsor in a year or two, would that be a valid argument to not terminate or reinstate a case? 

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