Dear Atty. Gurfinkel:
Years ago, I was petitioned by my US citizen father. The priority date is current, but our family has not received any papers in connection with processing my visa.
During the many years I was waiting for the visa, my father and I moved, and we are no longer living at the addresses we were at when the petition was filed.
I am very eager to obtain my green card, after waiting so long and am wondering what is going on with my case.
Very truly yours,
F.T.
Dear F.T.:
An immigrant visa is like a seat on an airplane: although you may have made your “reservation” for the seat, if you do not claim that seat within a specific time, the airline will cancel your reservation, and give the seat to the next person in line. The same is true for immigrant visas: once a visa is available (i.e. priority date is current, and the Embassy or NVC has sent notification), the person must apply for the visa within one year from receipt of the notice. If he does not, the Embassy could terminate the visa registration (just like the “reserved” seat) and shred your case. You would then lose your priority date, and you will have to start all over again at the end of the line, with a new petition.
There are several situations when a visa registration may be terminated:
• A person does not apply for a visa within one year after the Packet 4 letter is mailed to him, is considered not to have made timely application for a visa, and his visa registration will be terminated by the Embassy.
• If a visa applicant is asked for additional evidence to prove eligibility for a visa, but fails to submit that evidence within one year of the Consul’s request, the visa registration could be considered to have been terminated. For example, a person is told to submit additional documents, such as a birth certificate, marriage contract, proof of family relationship, etc. but does not do so, the case could be terminated.
• If a person moved, but did not inform the Embassy (or the National Visa Center) of the petitioner or beneficiary’s current address, the case may be terminated. This is because the NVC will send notices to your address they have on file, and give you one year to respond. If you change your address, and do not notify the NVC or Embassy of the new address, they will continue mailing papers to your “old” address. Notifying the Post Office of your new address is not enough; you must notify the NVC/Embassy in writing. I have come across many cases where the priority date has been current, but the family moved, and did not get the notices. Those cases were terminated, without the family’s knowledge, because the NVC sent notices to the old address, because that was the address “of record.” If you do not receive the Embassy’s notices (because you had moved and did not notify the Embassy), then it is your fault, and the Embassy will not consider that “beyond your control,” as it clearly was within your control to keep the Embassy advised of your current address.
Therefore, if a person’s priority date has been current for a long time, but they (or their relatives in America) have not received anything from the Embassy and/or National Visa Center, they should find out if their case is still “alive.” In such a case, it may be best to consult with a reputable attorney, who can analyze the situation, find out the current status of the case, and, hopefully, salvage the situation before it’s too late. The Embassy will not keep cases open indefinitely. Either you are interested in the visa, or you are not. Remember, there are plenty of “stand by” passengers in line for visas, who are definitely interested in pursuing their own visa applications.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar 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. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does 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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