I am a US citizen and I had a green card petition for my parents . They had an interview scheduled on Jan 12th 2018. My father had a heart attack a few days before their appointment and they were not able to attend their interview. (This was specially more difficult because they had to travel to another country to have their interview as there are no US consulate where they live).
They decided to pursue their application now, but when we contacted the embassy we received this response :
Your case is under termination process as you have failed to pursue your immigrant visa application within one year of being advised of visa availability. Your application may be reinstated and any petition revalidated if, you can establish that your failure to pursue your immigrant visa application was due to circumstances beyond your control. You may send us an email to explain these circumstances that stopped you from pursuing your case. We will review it and inform you about the decision.
What are the chances are having this case reinstated (if it's possible at all)?
You will need to explain in detail why the interview had to be cancelled and show proof with hospital bills, medical reports, etc., as well as any other reasons. It is up to the discretion of the consulate on whether to permit the reinstatement of the application.
If my answer was helpful to you, please click on "helpful" or "Best Answer". My practice focuses on high net worth and complex divorces, divorce and separation, custody, family based and business immigration, estates and litigation. I'm licensed in PA, MD, NY and NJ. This answer is for informational purposes only. It does not establish an attorney client relationship.
You should consult with an attorney promptly to prepare a request to reinstate the petition. It would be important for your attorney to have a record of your father’s heart attack and any recovery treatment or physical therapy he participated in. An attorney may be able to explain the failure to attend the interview and have the petition reinstated, saving you the time, money, and hassle of filing a new petition.
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