Questions and Answers > EB-5 Processing Times

How can we get a second approval notice for Form I-130 if we completely missed the first one?

We made a petition for alien relative and it has been approved since 2010. They sent the approval notice 13 years ago but we did not know – what should we do? Does this mean our case is expired? How can we tell them to send us another approval notice?

Answers

• Micol Mion Gordon

  Immigration Attorney

  Answered on February 13, 2023

  The validity of the approval notice depends on the kind of I-130 that was filed (petition for parents of USC, spouse or child, etc.) and depending on whether the petitioner had selected whether the beneficiary was going to adjust status in the US or consular process. If the petitioner indicated that the beneficiary was going to consular process USCIS sent the approval to the National Visa Center and if the beneficiary did not contact the NVC within a year then the case would have been deemed abandoned and the underlying I-130 petition would have been revoked. Your best option is to contact USCIS either via its website or by phone and inquire whether the I-130 is still valid. You will need to share the receipt number. If you do not have the receipt number, then you should file a Freedom of Information Act Request.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 13, 2023

  You can file an I-824, if it was approved, or request a copy under the Freedom of Information Act.

• Lynne Feldman

  Immigration Attorney

  Answered on February 13, 2023

  You can try to do a FOIA request to USCIS and/or look up the case in Case Status with the number on the receipt.

• Stephen Berman

  Immigration Attorney

  Answered on February 10, 2023

  Try filing a FOIA request.

• Carolina Kripinski

  Immigration Attorney

  Answered on February 10, 2023

  You need to file and pay the fees of form I-824, Application for Action on an Approved Application or Petition, and ask USCIS to send the approval notice. If the Priority Date is not current with the Visa Bulletin, you might be fine. If not, and no action was taken within a year from the first moment the National Visa Center contacted you, it is possible that you would have to re-file for the I-130 and obtain a new approval. However, since little information about the specifics of this case has been provided, we cannot accurately answer your question. We hope this general information is helpful.

• Julia Roussinova

  Immigration Attorney

  Answered on February 10, 2023

  File Form I-824 with USCIS.