DEAR Attorney Gurfinkel:
I entered the U.S. in 2000 on a visitor’s visa and overstayed. My sister filed a petition for me (F-4) in early 2001 under Clinton’s LIFE ACT. I am now receiving notices from the National Visa Center (NVC), advising me that I need to log onto their website, pay various fees, and submit various forms. They further state that if I do not do so within one year, my case will be canceled.
I don’t want to go back to the Philippines for my visa, as I’m afraid of getting stuck there for 10 years under the 3/10 year bar. Why am I getting notices from the NVC when I’m here in the U.S.? What should I do?
Very truly yours,
GL
Dear GL:
You may be receiving notices from the NVC notifying you to start applying for your visa in Manila because the NVC may believe that you are either still in the Philippines or not eligible to adjust status (file for your green card) in the U.S. (On the I-130 petition, it asks for the beneficiary’s address and/or whether they will apply for their visa outside the U.S. Sometimes, relatives are scared to disclose the alien is already in the U.S. and list an address outside the U.S., or the USCIS, in approving the petition, makes the decision the person is not eligible to adjust in the U.S., when they might actually be eligible.)
If you have been petitioned, are in the U.S., and now receiving notices from the NVC, I would strongly suggest that you consult with an attorney who can evaluate your situation and advise you of your immigration options.
Perhaps you may be eligible/qualified to apply for adjustment of status in the U.S. If you are required to apply outside the U.S., an attorney can evaluate your eligibility for a provisional waiver before departing. Otherwise, you could be stuck outside the U.S. for up to 10 years.
In addition, the NVC cannot be ignored. If you do not respond to them, either by advising you will apply for your green card in the U.S. or submitting fees and forms within one year, they could actually terminate your registration (shred your petition), in which case you lose your priority date and the opportunity to pursue your visa, even if you should later decide to apply in the U.S. I’ve had countless cases where a person did not know what to do and did not respond to the NVC, only to have the NVC shred the case. When they finally came for assistance, in some cases it was too late.
You waited so long for your petition, and given the complexities and ever-changing policies and requirements for immigration benefits, I strongly recommend that you seek the advice and assistance of an attorney.
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Michael J. Gurfinkel has been an attorney for over 40 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different, and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) are of a general nature, are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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