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?

Asked over 1 year ago - 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. Robert Winford Carpenter

    Contributor Level 13


    Lawyer agrees

    Answered . 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. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . 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

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Ilir Kavaja

    Contributor Level 15

    Answered . 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

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created... more
  4. Irene Vaisman


    Contributor Level 20


    Lawyer agrees

    Answered . retain an attorney

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

    Contributor Level 8


    Lawyer agrees

    Answered . 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... more

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