Referring to my husband application for an immigrant visa. Section 203(g) of the immigration and nationality act requires that the registration as Been canceled and any petition approved on your behalf canceled, if you do not apply for your immigrant visa within one year of being advised to do so. You were advised of this requirement on 04-Feb-2012, but we have not received a response from you since then. As a result, you are hereby notified that your application for visa has been canceled and any petition approved on your behalf has also been canceled. Your application may be reinstated and any petition revalidated if, within one year, you can establish that your failure to pursue your immigrant visa application was due to circumstances beyond your control.
Adding your post to the immigration practice area....
You will need to consult with an immigration attorney if you want to reactivate your petition.
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You should consult an experienced immigration attorney on AVVO.
Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.
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It appears as though you were contacted by the NVC to start processing on an approved I-130 on Feb. 4, 2012 and one year has passed with no activity, so they are cancelling the petition. If you received invoices last year and never paid or took action, this is why it is happening. If you never received invoices or anything and suddenly got this in the mail, then it is likely you could demonstrate that the failure was due to circumstances beyond your control. As they indicate, you have one year to establish the failure was beyond your control and get the petition/application reinstated and proceed with NVC processing.
If you are uncertain as to how to go about this or have ANY hesitations at all, it is in your interest to consult with/retain an immigration attorney's help so you get advice you can rely on and some peace of mind in your case for your husband. Good luck to you and your husband and start taking action now!
8 lawyers agree