IR5 - NVC/USCIS

[African Queen_B 5]

HELLO,

I am applying for an immigrant for my mother to come live in USA. On June 19, 2020 USCIS Approved I-130 and said that they sent my approval to NVC. On August 16 I sent an email to USCIS to check if they sent the document to NVC because i contacted NVC and they told me that they havent recieved anything. Then i sent then my I130 Receipt and they told me I need to file I-824 and click 1D on Part 2. but now i am little be confused because USCIS said that they send my information to NVC but NVC said that they dont have it. so i called USCIS A LADY said they will send it to NVC AND THAT IT TAKE 60-90 DAY.

 

I am just putting my experience here and see if someone has experience something like that. Why is the best thing to do in this situation

[StaGor 26]

18 minutes ago, African Queen_B said:

HELLO,

I am applying for an immigrant for my mother to come live in USA. On June 19, 2020 USCIS Approved I-130 and said that they sent my approval to NVC. On August 16 I sent an email to USCIS to check if they sent the document to NVC because i contacted NVC and they told me that they havent recieved anything. Then i sent then my I130 Receipt and they told me I need to file I-824 and click 1D on Part 2. but now i am little be confused because USCIS said that they send my information to NVC but NVC said that they dont have it. so i called USCIS A LADY said they will send it to NVC AND THAT IT TAKE 60-90 DAY.

 

I am just putting my experience here and see if someone has experience something like that. Why is the best thing to do in this situation

Hello,

 

Just saw your question. I did not have this, but it took for us a long time (78 days or so) between USCIS and NVC (happened during first COVID wave). Here are some of the steps. I am pretty sure I already posted it in some other topic, maybe mods will be able to merge, but here it goes:

 

If you still have not heard from NVC, you need to do the following:

1. Call USCIS 1 (800) 375-5283

     -ask them to look into each of parent case activity

     -be very specific with them and say that you know you are approved, and you need them to look into when the case was transmitted electronically to NVC

       (in my case it was going back and forth few times, so you may want to ask them to look into transmission activity since the date USCIS approved)

 

 

2. Call NVC  (603) 334-0700   (If step 1 confirms that your case has sent)

      -you can be on hold anywhere from 40 min to 1 hr 20 min (that was for me)

      -provide USCIS case # for each parent

      -they will only be able to see whether your USCIS was received, accepted by NVC AND NVC case was created. If it was received but something went off, agent won't be able to help you any further.

 

3. Submit inquiry to nvcresearch@state.gov   and to nvcinquiry@state.gov (If step 2 did not give you any info)

      -submit separate email for each parent

      -include copy of USCIS NOA2 approval letter, beneficiary name, DOB, and petitioner name

      -ask them where the case is, as per USCIS it was forwarded

      **note the reason you want to send inquiry for each case for 2 emails is because NVC call center instructs to send to nvcresearch@, whereas your NOA2 USCIS letter instructs to send to nvcinquiry@

 

4. Submit inquiry to USCIS for each case

      -select "case outside normal processing time"

      -explain all situation, also can mention response you got from step 3, 2 or 1

 

5. Submit congressional inquiry with the senator of your state, or congressional district representative.

     -This is free, you just need to find the office of your senator and/or representative. Some people on forum say representative gives better results, but in my case I actually got response from sentator's office quite fast (3 weeks or so).

 

6. Writ of Mandamus

     -this is the last resort of action, if you have done all steps from the above, collected responses (emails, etc)

     -the idea is that you sue federal agency (both USCIS and NVC, and both regional director of USCIS and national director of NVC in their official capacity, because a decision has not been made in your case (aka has not moved forward) withing a reasonable time and you have proof that you used all possible means to inquire from agencies before suing them

     -usually requires lawyer and costs loads of money. Google it, you can find tons of cases published online

     -does not guarantee approval, instead it guarantees that a decision will be made soon

     -most of filed Writ of Mandamus don't end up in court as USCIS/NVC get back to you and lawyer and promise to work on the case

     -I don't know the background of your case, but I think and hope that it doesn't get to step 6

 

 

Obviously step 6 is very excessive and I really hope you won't need it.

I actually had to take all up to step 5 and it was a bit of a wait, but it worked!

[SalishSea 17,921]

The IR-5 visa category is banned for the time being anyway, so even if the petition makes it to the consulate, it will sit there until the ban is lifted.

[Ma Daniel 15]

On 8/21/2020 at 3:03 PM, African Queen_B said:

HELLO,

I am applying for an immigrant for my mother to come live in USA. On June 19, 2020 USCIS Approved I-130 and said that they sent my approval to NVC. On August 16 I sent an email to USCIS to check if they sent the document to NVC because i contacted NVC and they told me that they havent recieved anything. Then i sent then my I130 Receipt and they told me I need to file I-824 and click 1D on Part 2. but now i am little be confused because USCIS said that they send my information to NVC but NVC said that they dont have it. so i called USCIS A LADY said they will send it to NVC AND THAT IT TAKE 60-90 DAY.

 

I am just putting my experience here and see if someone has experience something like that. Why is the best thing to do in this situation

I understand how frustrating this can be for you, it happened to a friend of mine. She went between calling USCIS and NVC for months, her mom's case was approved in Nov 2019 and never received an email. she finally was lucky to speak to lady at NVC in March 2020, and it was discovered that NVC had actually emailed her but did to a wrong email address. The lady gave her the info to proceed with her case. So I will advise you call both USCIS and NVC, particularly NVC; you can also send an inquiry to NVC using your USCIS case number. best of luck!!

[African Queen_B 5]

Hello everyone I have an updated and i just want to say that On Monday 8/31/2020 I received the Letter saying i requested an Expedite Service for my I-130 which I didnt but now here is I have to send document to why i am requesting an expedite on a case already approved. All i wanted was to know where is my I-130. USCIS supposed to send it to NVC. I talked to tier 2 Office who confirmed that my file was still sitting at USCIS Office because my I797 said that the beneficiary will be adjusting her status which while i was applying i said that she will be going to the US Embassy where she reside. Here is I am writing a letter to have USCIS sent my File NVC without trying to use form I824 that cost $465. I have been doing back and forth between USCIS and NVC.

 

So on Tuesday 09/01/2020 I mailed my expedite letter service to USCIS Queens Office because my case was transferred there. So Yesterday I check my status again and I saw that the top left corner said "Case Closed" In Progress. Your Benefit request has been accepted and is under review. Now i am like i need to call USCIS to found out what happened to my case, I have never experience this one before. I called this morning 09/04/2020 and it was tier 1 and i explained him then i said please transfer me to tier 2 and he was like they will said the same thing. i said i dont mind hearing this from them i just want to make sure that USCIS sent my File NVC last time i spoke to someone it was still sitting there. He then transferred me and the waited time was only 11 minutes because i called them at exactly 8.00 am this morning. Now she presented herself and i did gave her the service id number then she said what can i help you with. I explained that my case on my USCIS show "Case Closed what does that mean? I said it mean USCIS sent your file to NVC and the case no longer with them. She asked me when is the last time i contacted the NVC and i said it was monday and she went do you want me to create an inquiry asking NVC when USCIS sent them my file.

 

She provided with another WKD........QNS number

 

So i am praying that this thing goes well and that I get something from NVC soon. I know there is a long weekend but i want to follow up on this

 

11/26/2020 - I-130

07/22/2020 - i-130 Approved

More than 60 Days passed and NVC hasnt received files

08/16/2020 - Contact USCIS and NVC

09/01/2020 - Case Closed on USCIS ACCOUNT

 

Now i am  waiting to get something soon. Have all a great weekend and be safe

[African Queen_B 5]

On 8/22/2020 at 6:52 PM, Jorgedig said:

The IR-5 visa category is banned for the time being anyway, so even if the petition makes it to the consulate, it will sit there until the ban is lifted.

I understand that but consulate and Embassy has resumed and IR5 isnt banned as from my understanding. Yes the progress is slow but I do want it to get where it supposed to be then sit there. First come first served.

 

Thank you

[African Queen_B 5]

On 8/24/2020 at 8:29 AM, Ma Daniel said:

I understand how frustrating this can be for you, it happened to a friend of mine. She went between calling USCIS and NVC for months, her mom's case was approved in Nov 2019 and never received an email. she finally was lucky to speak to lady at NVC in March 2020, and it was discovered that NVC had actually emailed her but did to a wrong email address. The lady gave her the info to proceed with her case. So I will advise you call both USCIS and NVC, particularly NVC; you can also send an inquiry to NVC using your USCIS case number. best of luck!!

Thank you I contacted them but USCIS never sent my file because they had my beneficiary living in the United States

[African Queen_B 5]

On 8/21/2020 at 4:27 PM, StaGor said:

Hello,

 

Just saw your question. I did not have this, but it took for us a long time (78 days or so) between USCIS and NVC (happened during first COVID wave). Here are some of the steps. I am pretty sure I already posted it in some other topic, maybe mods will be able to merge, but here it goes:

 

If you still have not heard from NVC, you need to do the following:

1. Call USCIS 1 (800) 375-5283

     -ask them to look into each of parent case activity

     -be very specific with them and say that you know you are approved, and you need them to look into when the case was transmitted electronically to NVC

       (in my case it was going back and forth few times, so you may want to ask them to look into transmission activity since the date USCIS approved)

 

 

2. Call NVC  (603) 334-0700   (If step 1 confirms that your case has sent)

      -you can be on hold anywhere from 40 min to 1 hr 20 min (that was for me)

      -provide USCIS case # for each parent

      -they will only be able to see whether your USCIS was received, accepted by NVC AND NVC case was created. If it was received but something went off, agent won't be able to help you any further.

 

3. Submit inquiry to nvcresearch@state.gov   and to nvcinquiry@state.gov (If step 2 did not give you any info)

      -submit separate email for each parent

      -include copy of USCIS NOA2 approval letter, beneficiary name, DOB, and petitioner name

      -ask them where the case is, as per USCIS it was forwarded

      **note the reason you want to send inquiry for each case for 2 emails is because NVC call center instructs to send to nvcresearch@, whereas your NOA2 USCIS letter instructs to send to nvcinquiry@

 

4. Submit inquiry to USCIS for each case

      -select "case outside normal processing time"

      -explain all situation, also can mention response you got from step 3, 2 or 1

 

5. Submit congressional inquiry with the senator of your state, or congressional district representative.

     -This is free, you just need to find the office of your senator and/or representative. Some people on forum say representative gives better results, but in my case I actually got response from sentator's office quite fast (3 weeks or so).

 

6. Writ of Mandamus

     -this is the last resort of action, if you have done all steps from the above, collected responses (emails, etc)

     -the idea is that you sue federal agency (both USCIS and NVC, and both regional director of USCIS and national director of NVC in their official capacity, because a decision has not been made in your case (aka has not moved forward) withing a reasonable time and you have proof that you used all possible means to inquire from agencies before suing them

     -usually requires lawyer and costs loads of money. Google it, you can find tons of cases published online

     -does not guarantee approval, instead it guarantees that a decision will be made soon

     -most of filed Writ of Mandamus don't end up in court as USCIS/NVC get back to you and lawyer and promise to work on the case

     -I don't know the background of your case, but I think and hope that it doesn't get to step 6

 

 

Obviously step 6 is very excessive and I really hope you won't need it.

I actually had to take all up to step 5 and it was a bit of a wait, but it worked!

I really appreciate you taking time to help me through this process. hopeful Tier 2 Officer took care of step 3 today.

[SalishSea 17,921]

4 hours ago, African Queen_B said:

I understand that but consulate and Embassy has resumed and IR5 isnt banned as from my understanding. Yes the progress is slow but I do want it to get where it supposed to be then sit there. First come first served.

 

Thank you

Unfortunately, you are incorrect.  No IR-5 visas will be issued until the EO has ended.  

 

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

[African Queen_B 5]

2 hours ago, Jorgedig said:

Unfortunately, you are incorrect.  No IR-5 visas will be issued until the EO has ended.  

 

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

My goal is to have my mother here after January 2021 

[StaGor 26]

16 hours ago, African Queen_B said:

My goal is to have my mother here after January 2021 

It is very unlikely this will happen before. Most likely it will happen after Jan 21 just like you are planning.

We don't know whether executive order will expire or will be extended again... It sounds like the president has broad power over immigration process.

Even if he can't change long term policy without congress, the president can definitely extend and make some 'temporary' changes.

A lot will depend on the election outcome for the president and congress.good luck!

 

[African Queen_B 5]

On 9/5/2020 at 12:28 PM, StaGor said:

It is very unlikely this will happen before. Most likely it will happen after Jan 21 just like you are planning.

We don't know whether executive order will expire or will be extended again... It sounds like the president has broad power over immigration process.

Even if he can't change long term policy without congress, the president can definitely extend and make some 'temporary' changes.

A lot will depend on the election outcome for the president and congress.good luck!

 

Thank you so much for the information. the president cant change the policy as you mentioned and I am praying that things goes back to normal

[African Queen_B 5]

I am really confused on what is going on my case. Today I got notification that my case has been reopened. On September 24, 2020, we reopened your Form I-130, Petition for Alien Relative, Receipt Number IOEXXXXXXX, and resumed work on your case. We will mail you a notice when further action is taken. This is an Approved I-130 case

 

Has this happen to anyone?

[Sfb86 0]

Hi Queen B,

 

I am in the same boat as you and I hope you can assist me. I am currently pregnant and I am planning to bring my mom starting of next year to assist us. I filled for my mothers application who's in Uganda and her application was approved on 04/24/2020. Instead of transferring the case to the local NVC in Kenya(they handle Uganda cases), they approved the application as if she was in the United States. After speaking with tier 2 back in May, I was advised that the error would be fixed, which was also sent in email in writing, and they would transfer over to NVC and was also advised to wait 90days.

 

last week, I checked the status on USCIS website and I had seen case closed status(as of 09/01/2020). I decided to call tier 2 again and now I am being told that I need to fill out the I824 form to send the case to NVC. Tier 2 mentioned that I had answered one of the questions with two answers so that's the reason why they didn't send the case to NVC.

 

Did you will out the i824 and is the status approved? 

Edited September 25, 2020 by Sfb86

[African Queen_B 5]

8 minutes ago, Sfb86 said:

Hi Queen B,

 

I am in the same boat as you and I hope you can assist me. I am currently pregnant and I am planning to bring my mom starting of next year to assist us. I filled for my mothers application who's in Uganda and her application was approved on 04/24/2020. Instead of transferring the case to the local NVC in Kenya(they handle Uganda cases), they approved the application as if she was in the United States. After speaking with tier 2 back in May, I was advised that the error would be fixed, which was also sent in email in writing, and they would transfer over to NVC and was also advised to wait 90days.

 

last week, I checked the status on USCIS website and I had seen case closed status(as of 09/01/2020). I decided to call tier 2 again and now I am being told that I need to fill out the I824 form to send the case to NVC. Tier 2 mentioned that I had answered one of the questions with two answers so that's the reason why they didn't send the case to NVC.

 

Did you will out the i824 and is the status approved? 

I have not filed I824 and I did the same thing. Now I am waiting to see what I need to do. I am waiting on the reopened case to say something coz it said resume work. I did sent a writing request asking uscis to sent my case to NVC. It has been a nightmare with them. We can support each other through this and keep me updated. I am calling them first thing in the am just at 8 am requesting Tier 2 Officer. 
 

last I spoke with them my case was supposed to be transferred to NVC in September 4th but now my case is reopened