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My I-130 was approved on 12/01/2007. I never took action on the NVC process. What should I do in order to continue my case?

Boston, MA |

I - 130 approved on 12 , 2007 . I'm still married to the Us Citizen . NVC closed my file because it went more than a year without a contact . I now want to do the WAIVER . What are the steps ?

Attorney Answers 5


  1. If the NVC closed your file then you need to begin the process again with the I-130.

    This is not legal advice until I am retained and have reviewed all facts about your situation.


  2. Step 1: file a new I-130
    Step 2: wait for it to be approved
    Step 3: apply for the waiver, if you qualify.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    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.


  3. retain an attorney

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  4. An approved Immigration petition goes through the termination process and is destroyed after 1 year of inactivity. Under INA 203(g) - "An alien's registration for an immigrant visa shall be terminated if, within one year after notification of the availability of an immigrant visa, the applicant fails to apply for an immigrant visa."

    Since your U.S. Citizen Spouse was petitioning for your immigrant status, an immigrant visa was immediately available. As a result, your "one year" clock started once you received approval of your application and were referred to the NVC to further the processing of your file.

    Based on the information you provided above, as of 12/02/2008, the USCIS and the NVC terminated your application.

    As the previous attorneys stated, you will need to start your petition from the beginning and re-submit an I-130 application.

    This is not legal advice & no attorney-client relationship is created or implied by this communication. To contact this attorney for a free consultation see her profile or contact (585) 247-9170.


  5. Refile. Also, retain an attorney to make sure things go smoothly this time around.

    Best of luck!

    Law Office of Ilir Kavaja
    30 Newbury Street
    Boston, MA 02116

    (617) 515-5545
    www.KavajaLaw.com

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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