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How long does it take for the National Visa Center to correct their mistake regarding my priority date?

Austin, TX |

I was petitioned through I-140 and it clearly states in my I-797C NOA that my priority date is Jan 2007. When I checked with the NVC, their records show that my priority date is Jan 2008. I have asked them to review my file as there is clearly a mistake. I have sent them a copy of the I797C as well as previous communications with the NVC that should rectify the mistake but it had been 5 months and the status is still under review. The problem is in a month, the "Jan 2008" priority date which they have in file might be current even before they finish my request to correct their mistake. Please help me in which actions do I take. I am a Filipino.

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Attorney answers 3


Five months is way too long. Find an experienced immigration attorney to help you.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko




I tend to agree that such delay may indicate something amiss in that case or even a possibility that the sent correction was not delivered or even lost. I suggest meeting with a local immigration attorney to assess your further actions to efficiently update the record as necessary to facilitate the case.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


Normally NVC gets their information from CIS which transfers the file to them and rarely they make such mistakes. You need an attorney to review your file and correct the mistake where it happened.

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