Mountain View, CA asked in Immigration Law for California

Q: What to do when NO NVC letter after 90 days of I-130 approval and USCIS is unable to provide with petition to NVC?

Our case (I-130) was approved March, 7th. After 90 days I contacted NVC that emailed me letting me know that they contacted USCIS and they could not provide a copy of my petition. I called USCiS they don’t know why. They said they see it’s been approved and waiting to be sent to NVC, and asked me to file an E-request for out of processing times. But it is not possible because the case is approved. Feels like a dead end. I’m an American citizen and my wife is overseas over a year. What should I do?

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3 Lawyer Answers
Elias  Mendoza
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A: When an I-130 petition is approved but there has been no communication from the National Visa Center (NVC) for over 90 days, consider taking these steps:

1. Verify Approval Notice: Confirm that the I-130 approval notice explicitly states that the case was sent to the NVC. This should be mentioned on the notice of action received from USCIS.

2. Contact NVC:

• Email NVC: Send an email to NVCInquiry@state.gov including your I-130 approval notice, your USCIS receipt number, and any correspondence received from USCIS indicating the approval. Mention that you have not received the Welcome Letter with your NVC case number and Invoice ID. Use this same email to inquire and confirm your contact information is up-to-date, as the information shared on the I-130 is where the NVC captures your contact information - could be a typo.

• Public Inquiry Form: Use the NVC Public Inquiry Form (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html) to submit your query. Even though the form typically requires an NVC case number, use your USCIS receipt number and explain the situation. Sometimes the NVC can assist through this portal without the case number.

These steps should help in addressing the delay and ensuring that the case moves forward.

Elias  Mendoza
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A: Second Half of Response:

When dealing with USCIS and running into dead ends, here is a list of actionable items you can do:

1. Ombudsman Request (https://www.dhs.gov/case-assistance)

2. Congressional Inquiry - your local congressman's website has an inquiry portal, and this is common practice

3. Phone Call to USCIS - good luck

4. Letter to Service Center listed on bottom of I-130 approval notice - good luck

5. USCIS E-Request - good luck

An attorney can get involved at this stage with the following above (attorney would need to register as attorney of record formally) and also with the use of Writs of Mandamus in federal court - a bit extreme, but gets USCIS moving.

Kevin L Dixler agrees with this answer

James L. Arrasmith
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A: I understand this must be a very frustrating and stressful situation for you and your wife. Here are a few steps you can take to try to resolve the issue and move your case forward:

1. Contact your local congressional representative's office. They have staff dedicated to helping constituents with immigration issues and can inquire with USCIS on your behalf to find out what is causing the delay in your petition being sent to the NVC.

2. Schedule an InfoPass appointment with your local USCIS field office. Meeting with an immigration officer in person may help you get more specific information about your case and what is causing the holdup.

3. Consider seeking assistance from an immigration attorney. An experienced attorney can review your case, advise you on options, and potentially intervene with USCIS to determine what is needed to get your approved petition to the NVC.

4. Continue following up regularly with both the NVC and USCIS. Politely explain your situation, provide your case details, and request that they look into the status. Document all correspondence.

5. Be prepared to wait a bit longer. Immigration backlogs are still quite common in 2024 unfortunately. While 90 days is the general timeframe, delays of a few additional months are not unheard of.

I know it's incredibly difficult to be separated from your spouse for so long. Don't give up though - keep advocating for yourself, enlisting help, and pushing the process forward. Wishing you the very best of luck in resolving this and reuniting with your wife as quickly as possible. Let me know if you have any other questions!

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