If you have ever filed a petition on behalf of a relative (i.e. a brother, sister, adult child, etc.), and then moved to a new home, you must notify the National Visa Center (NVC) of the change of address. If you don’t, how do you expect the NVC to know that you moved, so that they could later send forms and other documents to you when the priority date on your petition finally becomes current?
If you moved many years ago, but did not inform the NVC, it will send the fee bills, forms, and notices to your old address, and will give you a one-year deadline to respond. If you are no longer at your old address to receive the package, you probably would not respond to the notices within the allotted one-year time frame. Then you risk having the case terminated (shred) and lose the priority date on the petition. So, all those years of waiting were for nothing.
In addition, the law states that it is not the NVC’s job to locate or track you down. It is your job to notify the NVC of your change of address. Moreover, when a person moves and sends a change of address postcard to the post office, that will not necessarily be enough to inform NVC of the address change. (This is because a change of address postcard to the post office is typically valid for about one year, and after that time, they will no longer forward the mail to you). You need to write directly to the NVC, and inform them of any address changes, so that you do not inadvertently have your case terminated because of your failure to respond to their notices.
Finally, if the priority date on your case has been current for some time, and you have not received any notification from the NVC (whether or not you have moved), I would suggest that you seek the advice of a reputable attorney, who can look in to your situation, determine the status of your case, and hopefully avoid having your case be terminated because of your failure to respond to NVC’s notices.
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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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