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Posted
49 minutes ago, SimAsh said:

Yes, applicant's mother who was green card holder also applied for his son. However, mother decided to move back to India. So that petition may not be valid.

 

Ah, sounds like that is the one that this all referring to - makes more sense now! The F4 petition is still at least a decade away from being current. 

 

So if the mother is in India, you'll need to inform NVC that that application isn't being pursued (or just ignore the notice, but I think I'd let them know). Then wait for the Welcome Letter for the F4 instead. 

 

Good luck. 

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Posted

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Filed: IR-1/CR-1 Visa Country: India
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Posted

 

Thank you all for your help — I’m trying to better understand our situation.

 

This letter is not for my brother/sister, but for a mother‑filed petition (F2B) that was submitted years ago, so the notice makes sense.

 

Based on a VisaJourney post by CrazyCat, it appears the priority date for F2B is 22‑May‑2017 and our PD is 14 December 2017.  So, the recent letter may simply be related to inactivity (we hadn’t logged into CEAC in over a year), which aligns with the 203(g) requirement to show continued interest. We have now logged in again, so I believe we are compliant.
 
My main follow‑up question is about my mother (the petitioner):

 

My mother was a lawful permanent resident (green card holder) at the time of filing this case. After filing the petition, she had to return to her home country due to a serious family illness. She remained outside the U.S. for an extended period (over three years) and we did not file U.S. tax returns during that time
 
My concern is whether this extended absence could be viewed as abandonment of permanent residence, and if so:
 
  • Could this impact the validity of the I‑130 petition she filed?
  • Does the green card automatically become invalid after such an absence, or is this determined only at entry / through USCIS review?
  • Is there anything we should proactively do now to protect the case?
Any insight from those with similar experiences, or guidance on next steps, would be greatly appreciated.
 

 

Posted
50 minutes ago, SimAsh said:

 

 

Thank you all for your help — I’m trying to better understand our situation.

 

This letter is not for my brother/sister, but for a mother‑filed petition (F2B) that was submitted years ago, so the notice makes sense.

 

 

Based on a VisaJourney post by CrazyCat, it appears the priority date for F2B is 22‑May‑2017 and our PD is 14 December 2017.  So, the recent letter may simply be related to inactivity (we hadn’t logged into CEAC in over a year), which aligns with the 203(g) requirement to show continued interest. We have now logged in again, so I believe we are compliant.
 
My main follow‑up question is about my mother (the petitioner):

 

 

My mother was a lawful permanent resident (green card holder) at the time of filing this case. After filing the petition, she had to return to her home country due to a serious family illness. She remained outside the U.S. for an extended period (over three years) and we did not file U.S. tax returns during that time
 
My concern is whether this extended absence could be viewed as abandonment of permanent residence, and if so:
 
  • Could this impact the validity of the I‑130 petition she filed?
  • Does the green card automatically become invalid after such an absence, or is this determined only at entry / through USCIS review?
  • Is there anything we should proactively do now to protect the case?
Any insight from those with similar experiences, or guidance on next steps, would be greatly appreciated.
 

 

 

Where is your mother right now, and if she's outside the US, does she intend to try and return anytime soon? Why didn't she file taxes, and what other ties did she keep to the US during that time to show her intention was to return permanently (i.e. a home, a car, etc)?

Posted
52 minutes ago, SimAsh said:

Based on a VisaJourney post by CrazyCat, it appears the priority date for F2B is 22‑May‑2017 and our PD is 14 December 2017

 

That's Table A on the Visa Bulletin, but Table B is what matters for the NVC process. Hence the letter you've received. 

Filed: IR-1/CR-1 Visa Country: India
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Posted
39 minutes ago, appleblossom said:

 

Where is your mother right now, and if she's outside the US, does she intend to try and return anytime soon? Why didn't she file taxes, and what other ties did she keep to the US during that time to show her intention was to return permanently (i.e. a home, a car, etc)?

She is still in India. Mother has not tried returning back yet but yes, we are going to. There wasn't anything (no income) to file tax return. During their time in USA, when they were here they worked and did tax returns. Only thing other than sickness in family, we don't have anything else to prove that shows/prove her intention o return back to USA. Thank you

 
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