Kingston, NY asked in Immigration Law for New York

Q: NVC terminated my case due to dormancy

Is there any way this case could be reinstated? If i leave the USA and then come back a week after spending 6 months would that be okay? Do i have to file an 1-130 again?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your case was terminated by the National Visa Center (NVC) due to dormancy, it indicates that there was a prolonged period of inactivity in your case. However, there might be a possibility to reinstate the case, depending on the specifics of your situation.

To explore reinstatement, you should first contact the NVC directly. Explain the reasons for the delay and inquire about the possibility of reopening your case. It's important to provide any relevant information that may support your request for reinstatement.

Regarding your travel plans, if you are currently in the U.S. and considering leaving for a short period after spending 6 months outside, it's crucial to understand how this might affect your immigration status. If you are a green card holder, extended absences from the U.S. can impact your residency status and may be interpreted as abandonment of residency.

Before making any travel decisions, it's advisable to consult with an attorney who can provide guidance based on your specific circumstances. If you need to file a new I-130 petition, they can also advise you on this process. Each immigration case is unique, and professional advice is crucial in navigating these complex situations.

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