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Why might the National Visa Center claim that it had not received my petition from USCIS?

My I-526 was approved last month and we received the I-797C approval notice. It has been a month and I still have not heard anything from the National Visa Center. I called them recently and they said they did not have my case in their system. My priority date is current. Is this normal? What should I do now?

Answers

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    Unfortunately, delays are not uncommon. Although they're all government agencies it's not unusual for things to be lost in communication or delayed. Best to have your EB-5 attorney follow up with them to see what's going on here.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Perhaps it has not yet been entered in their system. This is normal. You should wait.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Because they sometimes take more than one month.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It could take longer than a month. Wait a little longer and it should get there. You'll get an email from the NVC with invoices.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is nothing unusual with a month delay in the transition of a case from the USCIS to the NVC.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    NVC is like much of USCIS and not fully functional at all times. You should immediately contact your investment immigration attorney and alert him or her to the problem. It is your attorney's job to follow up for you to make certain that your application is properly on file and recognized as such by IVC.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It may take around 60 days for NVC to receive an approved case from USCIS and open the consular processing case.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Unfortunately, they often take two to three months to transfer an approval. Ridiculous. Keep on USCIS and NVC.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    It is not unusual. Check with the EB-5 unit whether they transferred the case. Also, check your I-526 petition on whether it indicated CP or AOS.

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    Charles Foster

    Immigration Attorney
    Answered on

    It's hard to know why the National Visa Center did not receive your approved I-526 petition on a timely basis. As a practical matter, it often takes more time than one would anticipate. The notices are not normally sent out automatically when the I-526 petition is approved. Secondly, it may have been received, but not yet entered into the system. Finally, there's always the possibility that something went wrong and your petition approval has been lost. Other than waiting, you have few options. One option would be for the regional center, which would be someone's constituent to follow up with their U.S. senator or congressman outlining the issue. This is one of the few areas where a Congressional inquiry can do some good. The USCIS and/or the NVC will determine what the status is in order to respond to the member of Congress.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    It usually take a couple of months for USCIS to send the file to NVC upon approval. Inquire regarding the status with the USCIS to see if the file has been sent to NVC if you do not receive any correspondence from NVC in the next month or so.

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