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
Phuong Le
Find an EB-5 Visa Lawyer: Immigration AttorneySorry 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!
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 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.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyYour 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.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyEmailing NVC via public inquiry is effective; they respond within 1-2 business days.
Daniel B Lundy
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can file a mandamus lawsuit in federal court to force the USCIS to move the file.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyTry calling again and use the word INFOPASS to get to a live person and then inquire on the I-824.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.