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What is the average time until consular processing post-I-526 approval?

My I-526 was approved in Nov. 2015, but there is no further information from the NVC. They have stated they cannot find the case and more time may be required to be given to USCIS to send the case. When I check with USCIS, they say they need 60 days to answer and until then no further action is possible. Is this a common scenario? How long does it usually take for USCIS to send the case to the NVC?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is no average time; the NVC processing time is all over the place. There are certain email addresses you can use to contact the NVC if your petition has not been received and it has been more than 30/60/90 days since your I-526 petition was approved.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    At times, but not on a regular basis, an approved petition will be lost between USCIS and NVC. We have had a situation where USCIS claims the petition was sent to NVC and NVC states that USCIS had never sent it. In your case, you may have to wait the 60 days to receive a reply from USCIS. Keep inquiring. In a worst case, you may need to hire an attorney to work with you on the problem.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    The average time is between five to six weeks. However, it is not uncommon to take longer than that.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    It is not uncommon, unfortunately. It can take from a few weeks to a few months for the case to be transferred to the NVC and for the NVC to enter it into their database. That being said, it is important to make sure everything was properly done and the file is, indeed, on its way to the NVC. You should talk to the attorney who handled your I-526 petition (or any other attorney of your choice). Good luck.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It definitely does not take four months - you need to reach out to both the NVC and IPO.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, this has been a common situation between USCIS and NVC recently - many delays and files getting misplaced - it seems with so many cases, both USCIS and NVC are overwhelmed. All you can do is to contact the USCIS service center stating that it has been three months since I-526 approval and that it is taking too long. If you do not get any response in 30-60 days, then I would write to the USCIS Ombudsman to intercede. Until your file gets transferred to the NVC and you get a NVC case number, the NVC probably cannot help you track your case.

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    John J Downey

    Immigration Attorney
    Answered on

    Unfortunately, this is becoming more the rule rather than exception. Best bet is to contact the Congressman who represents the district where the investment is located and ask for assistance.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    USCIS typically forwards the approval documents to the NVC no later than 60 days from approval. It is not uncommon that USCIS takes a little more time. Until the NVC receives it, no action can be taken. It is best to forward a detailed and demanding letter to USCIS requesting the file transfer. Should many months pass and still nothing, there is a form that may be filed with USCIS requesting action on an approved petition. This delay you are facing does not seem to be too long and is not uncommon, however.

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    Ian E Scott

    Immigration Attorney
    Answered on

    Regrettably this is not uncommon. We had a case approved in September and recently made the NVC payment after an inquiry. A new help desk has just been established so this should help.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    It took around 60 days post-approval for my clients to get a notification to pay the NVC invoice.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Unfortunately, yes, these timelines are common. It may take several months for you or your attorney to receive the NVC invoice. In the meantime you can begin to compile the information you will need for your application.

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