Case returned to USCIS

[john_2015 0]

Hi,

 

I have a question about an old petition, My US citizen brother petitioned for my dad back in 2004 but my dad nvr went through the process, but now he is interested in moving tot he US; he received a letter last year from NVC saying his case was sent back to USCIS in 2006 after we inquired about it. does this mean that my brother needs to restart the process from scratch or is there a way we can just reach out to USCIS to resume the process again, we have the USCIS receipt number & NVC case number.

This is what we see using his USCIS number

Department of State Sent Case to USCIS For Review
On Month, Day, 2006, the Department of State sent us your case, Receipt Number xyz123456789, for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice.

[Boiler 46,364]

From a practical perspective you would be best filing anew, you can keep them active by contacting once a year I assume this was not done and theoretically you can get it retrieved but have not seen anybody have any success with this.

[Family 4,259]

If the case was sent back from the Consulate to USCIS for “ review “, my first impression is that there was an issue / red flag and possible recommendation for revocation.  If the case made it through NVC ( your brother submitted required docs to NVC) to the Consulate and possibly an appointment was scheduled, the case would be TERMINATED after one year.

 

Why did your father decide not to pursue at the last moment? 

[john_2015 0]

His mother fell sick so he had to take care of her. is there a number we can call USCIS to restore the file? i have read that these type of petitions, the ones that are not bound by numerivcal limits, dont end up being terminated unlike other categories, i wonder if we can do that and skip all the fees/paper work all over again

 

[milimelo 4,583]

5 hours ago, john_2015 said:

His mother fell sick so he had to take care of her. is there a number we can call USCIS to restore the file? i have read that these type of petitions, the ones that are not bound by numerivcal limits, dont end up being terminated unlike other categories, i wonder if we can do that and skip all the fees/paper work all over again

 

Even if you could reinstate the petition there won’t be skipping fees. You’ll still have to pay nvc fees, visa fees, medical exam fees as well as green card issuance fees. Nothing is free especially 16 years later. 

[Family 4,259]

Your brother ( Petitioner)  can try calling USCIS, or interactive Emma and ask for a live chat . You will likely need to file an I-824 .