Adrian Melendez

So here is the update.

My brother-in-law made an appointment with USCIS by using “InfoPass”. According to him Immigration told him that the case was still active and for him to submit the form I-485. It makes no sense to me but he is going to do it anyways. Thanks again for all your help.

If he was approved in 2006 and his case forward to NVC, after 1 year if NVC dont hear from him, the case dies. They "to me" would think only send 1 notification, and that is it, they wont keep trying to reach the petitioner or beneficiary.

Call USCIS and see what to do, but I think he needs to start the whole process over again starting with USCIS.

The problem is there is no evidence that the case was ever sent to NVC. When he calls USCIS they tell him the petition has been approved and to wait for further instructions.

I read somewhere that they issue out a cretin number of Visas each year, and that beneficiaries with US petitioners get first dibs then it goes to the person that has been waiting the longest. Is it possible that they are waiting for a Visa number to come available before sending it to NVC? He is going to call USCIS tonight.

I did check http://www.sss.gov/ and his name does not appear on the list.

The good news is that he is over the age of 31 and according to this statement: http://www.shusterman.com/natz-ss99.html

Applicants Over 31 Years of Age

Failure to register for Selective Service will generally not prevent a man who was over 31 years of age on the day he filed his naturalization application from demonstrating that he is eligible for naturalization. Even if the applicant was required to register and the applicant's failure to register was knowing and willful, the failure occurred outside of the statutory period during which the applicant is required to establish his attachment to the good order and happiness of the United States. The INS may, of course, consider a person's conduct before the beginning of this period. INA § 101(f) (last sentence) and § 316(e). If the INS denies naturalization to a man who is at least 31, based on his failure to register with Selective Service, the decision must state explicitly the basis for finding that the failure to register warrants denial of naturalization. As a practical matter, a male applicant over 31 years of age who failed to register with Selective Service should, ordinarily, be found eligible for naturalization unless INS has other evidence, in addition to the past failure to register, that demonstrates that the applicant is not well disposed to the good order and happiness of the United States."

He should be ok to file for Naturalization with out being denied.

he is ok if he filed as LPR they are processing approvals with priority date of august 2004 last time i checked.Other question why hasnt he filed for citizenship which speeds up the process?I know probably he has his own resons but was just wondering.I was in same situation filed in jan 13 2006 and case did not move an inch till i became citizen.Advise call uscis and nvc see who help but honestly file for citizenship and get your wife here in less than 6 months

He submitted his paper work 8 years ago, back in 2001, but got approved in 2005. I think "imaisha" may be correct and that he may need to re-file again. He told me the reason he has not applied for US Citizenship yet is because he cannot remember if he signed up for Select Service when he became a permanent resident (I’m going to check that this morning).

If it is true and his case has been dropped then I will recommend he become a US Citizen then reapply for his wife.

I just learned to day that my brother-in-law, who is a permanent resident, has been waiting 8 years for an IR1 visa for his wife. According USCIS website his approval notice for I-130 was sent on March 10, 2006. Back in 2006 he did receive NOA2 but he claims that was the last time he heard from them. No letter, no phone calls. He also told me that he has called them and that they always tell him that his case is being process, but no other information. Out of curiosity I called NVC and entered the USCIS receipt number and the voice response system said they had no record of his case.

I guess my questions are, if has been approved shouldn’t it be at the NVC? Has he waited so long that his case has been withdrawn? Why would they have not sent him more instructions or follow up letter? We plan to call USCIS tomorrow and see if they can give us some answers. But any help would be appreciated.

As for me, visa journey has been a great help in getting all the document to USCIS correctly. My wife is now waiting for the NVC to issue her an interview date (hopefully soon).

I also want to say thank you for providing useful information on every topic I have researched. I submitted my paper work (no lawyer) in Aug 08, and I have to give all you credit for making the process less painful. It seem now all I can do is sit back and wait and hope I sent all the correct documentation and that the VSC catches up. Reading about everyone else’s experience give me comfort and hope.