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
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 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the NVC within a year then the case would have been deemed abandoned and the underlying I-130 petition would have been revoked.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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can file an I-824, if it was approved, or request a copy under the Freedom of Information Act.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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
Find an EB-5 Visa Lawyer: Immigration AttorneyTry filing a FOIA request.
Carolina Kripinski
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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
Find an EB-5 Visa Lawyer: Immigration AttorneyFile Form I-824 with USCIS.
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