We are from India with a dependent child 20.5 years old at time of filing in 2018. We wanted to show “seek to acquire” to protect his age by filing DS260. But DS260 on CEAC requires NVC case number to be created. We have heard absolutely nothing from USCIS and NVC and we don’t have anything except the petition number WACxxxxx for which I-526 was approved in April 2021. Multiple emails to NVC have all been the same reply that they are waiting for USCIS to send them the case as NVC does not have our case yet. What should we do to protect our child’s age?
If it is a Regional Center EB-5 I-526 petition, it is likely on hold for now until the program is reauthorized. Still, that being said, save proof that you constantly contacted them and made multiple inquiries so that you can preserve the argument that you did everything you could to "seek to acquire" or took "substantial steps" to move forward with your case.
Is it a Regional Center case? You can try and communicate with NVC and say "age out" urgent, but if it is a Regional Center case, they are on hold until Congress reauthorizes so get your congressman involved.
You could mail them DS-260 via FedEx. We did this before and had proof we submitted. It worked.
An I-824 may help (Action on an Approved Case). Have you asked USCIS where the case is and why it is not being sent over?
1) Speak with your attorney; 2) keep pushing USCIS and NVC.
