NVC “First Termination Letter” after long visa backlog – CEAC locked, submitted inquiry, what next?

[appleblossom 5,979]

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. 

[Crazy Cat 46,488]

***One attachment with personal information removed by VJ Moderation***

[SimAsh 4]

 

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.

 

 

[appleblossom 5,979]

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)?

[appleblossom 5,979]

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. 

[SimAsh 4]

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

[appleblossom 5,979]

21 hours ago, SimAsh said:

Mother has not tried returning back yet but yes, we are going to

Evidence of family sickness isn’t relevant, any expat will have that at some point but most don’t leave their new country for 3 years.

 

No income at all anywhere in that 3 years? Not just no income in the US? 
 

When is she planning on moving back? She needs to get back urgently if she has already been out for 3 years and has no evidence at all of ties to the US - it doesn’t look like her move to India was temporary if she didn’t keep a home etc in the US. Has she taken any trips at all to the US during that time? Even short ones will help. 

 

If she loses her LPR status then your sibling will have to wait for the F4. So if your family want to still try for the F2B your mother needs to move back to the US as a matter of urgency and hope she’s let in to the US without any issues (then stay there!). Does she have Global Entry? I assume her GC is still valid? 

Edited 11 hours ago by appleblossom

[SimAsh 4]

33 minutes ago, appleblossom said:

Evidence of family sickness isn’t relevant, any expat will have that at some point but most don’t leave their new country for 3 years.

 

No income at all anywhere in that 3 years? Not just no income in the US? 
 

When is she planning on moving back? She needs to get back urgently if she has already been out for 3 years and has no evidence at all of ties to the US - it doesn’t look like her move to India was temporary if she didn’t keep a home etc in the US. Has she taken any trips at all to the US during that time? Even short ones will help. 

 

If she loses her LPR status then your sibling will have to wait for the F4. So if your family want to still try for the F2B your mother needs to move back to the US as a matter of urgency and hope she’s let in to the US without any issues (then stay there!). Does she have Global Entry? I assume her GC is still valid? 

She was going through some health issue and when she moved there to show her health issue to doctor they kept her there and then her (mother's mother) got ill so she stayed there to take care of her and late last year she passed away.

No she has no income in India. She retired as teacher. When she was here in USA bother her and husband worked and paid taxes.

We want her back but trying to figure out what is it that we need to do. Come in with green card or take an appointment at consulate and ensure prior to getting ticket and stuff. Her green card doesn't expire till JUL-2027. No trips to US in last three years. 

 

[Crazy Cat 46,488]

2 minutes ago, SimAsh said:

She was going through some health issue and when she moved there to show her health issue to doctor they kept her there and then her (mother's mother) got ill so she stayed there to take care of her and late last year she passed away.

No she has no income in India. She retired as teacher. When she was here in USA bother her and husband worked and paid taxes.

We want her back but trying to figure out what is it that we need to do. Come in with green card or take an appointment at consulate and ensure prior to getting ticket and stuff. Her green card doesn't expire till JUL-2027. No trips to US in last three years. 

 

 

She is presumed to have abandoned her Green card after 1 year of absence outside the US.  She needs to return immediately, imo.  

[appleblossom 5,979]

1 hour ago, SimAsh said:

She was going through some health issue and when she moved there to show her health issue to doctor they kept her there and then her (mother's mother) got ill so she stayed there to take care of her and late last year she passed away.

No she has no income in India. She retired as teacher. When she was here in USA bother her and husband worked and paid taxes.

We want her back but trying to figure out what is it that we need to do. Come in with green card or take an appointment at consulate and ensure prior to getting ticket and stuff. Her green card doesn't expire till JUL-2027. No trips to US in last three years. 

 

So why hasn’t she returned already if her mother passed away in 2025? She’s either playing with fire and risking her status, or she’s not bothered about returning to the US - either way that’s not good for your sibling if he wants to try and pursue the F2B. 
 

She needs to just get on a plane (URGENTLY) and enter the US. She’ll either be admitted without issue, or she’ll be referred for an immigration hearing. But the longer she leaves it, the more likely the latter is to happen.

[SimAsh 4]

13 minutes ago, appleblossom said:

So why hasn’t she returned already if her mother passed away in 2025? She’s either playing with fire and risking her status, or she’s not bothered about returning to the US - either way that’s not good for your sibling if he wants to try and pursue the F2B. 
 

She needs to just get on a plane (URGENTLY) and enter the US. She’ll either be admitted without issue, or she’ll be referred for an immigration hearing. But the longer she leaves it, the more likely the latter is to happen.

She didn't return because of the other children's family issues.

Yes, I agree. Sooner the better. Thank you. 

[appleblossom 5,979]

6 hours ago, SimAsh said:

She didn't return because of the other children's family issues.

Yes, I agree. Sooner the better. Thank you. 

 

So she has a decision to make. She either goes back asap and hopes she can keep her LPR status, but commits to living in the US. Or if she doesn't want to live in the US, she forgets the idea, gives up her GC and pulls the petition for her son. Her call, but she'll need to decide quickly. 

[SimAsh 4]

37 minutes ago, appleblossom said:

 

So she has a decision to make. She either goes back asap and hopes she can keep her LPR status, but commits to living in the US. Or if she doesn't want to live in the US, she forgets the idea, gives up her GC and pulls the petition for her son. Her call, but she'll need to decide quickly. 

got it. Thank you. If she buys ticket and comes to USA, is it possible that at the airport they will send her back due to length of time stayed outside of country/USA? Or what to expect? just try to make sure we understand and not put her in difficult situation with immigration officer and having to go back after being landed in USA. Thanks

[appleblossom 5,979]

4 minutes ago, SimAsh said:

got it. Thank you. If she buys ticket and comes to USA, is it possible that at the airport they will send her back due to length of time stayed outside of country/USA? Or what to expect? just try to make sure we understand and not put her in difficult situation with immigration officer and having to go back after being landed in USA. Thanks

 

No, they can't refuse her entry with a valid green card. As said above, she may get in without any issue, or she may be referred for an immigration hearing for a decision on her status. But either way she'll be allowed in to the country, she has a right to a hearing (whatever you do, make sure you tell her NOT to sign a I-407 if the officer suggests she should!). She should take evidence of why she had to be outside the US for so long, and any evidence she can possibly find of any ties to the US - even something as simple as her keeping her bank account open will help. 

 

If she doesn't want to lose her LPR status, just get her back on the earliest possible flight, then once she's in the country get her to start building evidence of the US being her permanent home. 

 

Good luck. 

Edited 2 hours ago by appleblossom

[SimAsh 4]

1 hour ago, appleblossom said:

 

No, they can't refuse her entry with a valid green card. As said above, she may get in without any issue, or she may be referred for an immigration hearing for a decision on her status. But either way she'll be allowed in to the country, she has a right to a hearing (whatever you do, make sure you tell her NOT to sign a I-407 if the officer suggests she should!). She should take evidence of why she had to be outside the US for so long, and any evidence she can possibly find of any ties to the US - even something as simple as her keeping her bank account open will help. 

 

If she doesn't want to lose her LPR status, just get her back on the earliest possible flight, then once she's in the country get her to start building evidence of the US being her permanent home. 

 

Good luck. 

Okay, got it. Thank you so much for making this clear. We thought they would send her back from Airport and due to her age we didn't want to risk it. Okay, we will take gather and take evidence of why she had to be out for this long period of time.

 

One last question, you mentioned "...Table B is what matters for the NVC process..." would mind to have a link or can you point me to where I can find that? Priority Date on Mother's file is 8th December 2017. Where are the priority dates now?