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How can we to remove a beneficiary after I-526 approval?

Our i-526 was approved two years ago and the case is currently waiting for visa quota at NVC. We had recently heard from NVC asking us to pay visa fees. However, one of the beneficiaries of this petition cannot immigrate. What should we do to remove the beneficiary from the case? Should we first remove the beneficiary or pay visa fees first? Does our case have to be reevaluated by USCIS?

Answers

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    Stephen Berman

    Immigration Attorney
    Answered on

    You do not need to pay the fee bill for the person who is not immigrating. You can also notify NVC that this individual does not wish to immigrate. Simple as that.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Just do not pay the fee for that person and tell the NVC that they are not immigrating.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your case does not have to be reevaluated by USCIS. There is no separate procedure to remove a derivative beneficiary from an approved petition. Just don''t pay the immigrant visa fee for that person. If the NVC or consulate inquires, you can tell them that the dependent is no longer interested in immigrating.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Provided the beneficiary in question is not the principal investor, simply do not pay the fee bill and let NVC know. The case will proceed without this person. If the beneficiary in question is, in fact, the principal, the case cannot move forward. Discuss with an attorney the possibility of having this person go through the process so dependents can receive IVs.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can just pay for those beneficiaries who will immigrate with the primary applicant. Also, feel free to notify the USCIS that the beneficiary in question is being withdrawn as a member of the group.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You would only pay the visa fees for the beneficiaries who will go. In fact, many times the NVC will only send the invoice to the primary applicant anyway and you''d have to remind them who the derivatives are.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Just contact the NVC and advise which derivative is not applying at this time.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the beneficiary is the principal you cannot remove them if someone else you just do not pay the visa fee.