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What can I do if USCIS has not transferred my case to NVC even though my I-824 was approved last year?

My I-526 was approved in December 2019 and I had to file I-485 to adjust my status in the States; however, it was COVID-19 at the beginning of 2020 and I was back in Hong Kong. Therefore, I filed an I-824 to get an immigrant visa via CP. In October 2020, my I-824 was approved but I still have not received any welcome letter with the NVC case number and invoice number from NVC. I made a call to NVC and they replied that my case is not in their system yet. I tried to call USCIS but there is no representative to answer. Meanwhile, my wife is pregnant and the due date is in the middle of September. Since my wife can''t fly 2 months before her due date, can I apply for expedited request to speed up to transfer the case from USCIS to NVC and scheduling an interview before July?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Try calling again and use the word INFOPASS to get to a live person and then inquire on the I-824.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    You can file a mandamus lawsuit in federal court to force the USCIS to move the file.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Emailing NVC via public inquiry is effective; they respond within 1-2 business days.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Your attorney should be able to fix this. There is a procedure at the NVC for you to file a complaint with them and they will contact the USCIS to get the file. Talk to your own attorney.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The chances of getting an interview scheduled before July are very low. First, most consulates are closed and those that are scheduling are scheduling very few interviews. Second, it takes months for them to do background checks etc. you can request an expedite but need to document the reasons thoroughly.

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    Phuong Le

    Immigration Attorney
    Answered on

    Sorry to hear about the added stress you are going through as your wife is expecting. Not fun. Unfortunately, transferring your case to NVC is notoriously slow and sometimes, neither agency knows where it is. If you really need to force their hand, file a writ of mandamus to sue them and make sure the case gets expedited to NVC. Good luck!

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    Stephen Berman

    Immigration Attorney
    Answered on

    NVC can still do an investigation and locate it. Follow up with them.