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Missing my approval notice of I-130. When is my priority date? What should I do?

Reno, NV |
Filed under: Immigration

Hello, I'm sure that mail carrier lost the approval notice of I-130. I got an email from uscis that says they sent it out 10/18/2010, but never be able to get it even though my address was updated. So, we went to the immigration office and the officer told me to file I-824 just to get a copy costing me $400! for the mail carrier's mistake. I'm so afraid if they lose it again. I don't know my priority date and what was the next step to do. My husband is a GC holder, applying for citizenship 2nd time now. I-130 was received by uscis on 10/12/2009. Is this my priority date? Do I really need to get the approval letter to apply for GC? If so, is I-824 right form to get a copy? I can't afford to hire an attorney. Please help.

Attorney Answers 2

Posted

Unfortunately, the immigration service won't take responsibility for lost mail. You will need to file the I-824. The priority date should be the date the I-130 was received. Yes, it is possible that is 10/12/2009. There are free, non-profit, attorneys for people without the funds to hire a private attorney.

www.capriotti.com -- franco@capriotti.com -- Senior Legal Counsel -- Capriotti International Law -- Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney.

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Posted

The priority date is the date of filing of the I-130.

You will need the approval notice if the person petitioned will be filing an I-485. You will not needed if the person petitioned will process at a US Embassy/Consulate abroad.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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