My dad, is helping my uncle with i130. They filled in April of 2001 for i130. However, we moved in 2005 and I guess my dad thought he updated the address but for some reason it’s not. Recently my uncle asked if I can look into his case and check the status. I went online and it said a document was being held by USIC since 2005. I’m worried because it’s currently 2018 and that was a very long time ago. I updated the address and with my uncle requested the document online. We got two responses one saying the address was successfully updated and another saying they received our request for the documents but can’t give us information. I also made an online account for him so we can be checking constantly on there I did see that the case was last updated in 2008 but I hope it’s a good update and not a bad one. I am really worried for my uncle and we’re unsure if his case is still even active since we never realized the address wasn’t updated. I also don’t know if USCIS still even has those documents and if there’s a way for us to get information. If we should call or what should we do. If anyone can help I’d greatly appreciate it. Thank you in advanced.
I think it would be best to consult with an attorney for guidance as the length of time since USCIS action.
Yes, there is a way to obtain this information and since the I-130 Approval does not expire, your uncle should be able to adjust his status, as your father wisely petitioned for his brother in April of 2001, your uncle would be able to take advantage of 245i Life Act adjustment. See the eligibility criteria here: https://www.uscis.gov/greencard/life-act-245i-adjustment.
You can obtain your uncle's immigration file by requesting it through FOIA. It's very easy and free. https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/how-file-foia-privacy-act-request/how-file-foiapa-request
Have you tried to call the Customer Service though? 800-375-52-83. You might be able to create a service order through them too. You can also try going to the local USCIS field office by making an appointment through INFOPASS.
It's been 17 years since the petition so your uncle's priority date should have been up for a while already. Try to get the approval notice for the I130 to be able to follow up with the AOS. I hope that there was no request for evidence sent to a wrong address because in that case, USCIS could have denied the I130 which would be a major bummer. Good luck!
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US citizen sibling sponsorship is taking about 15 years from the date of filing the I-130 before an immigrant visa may be applied. Consult with an immigration attorney for assistance.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
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