Q: Can we revive an inactive I-130 green card case approved in 2014?
I discovered that the I-130 petition filed for my wife's green card was approved in June 2014, but we lost the tracking information and weren't able to take further steps. We later used USCIS FOIA and received a response stating that there is no case available with the provided information. Is there a way to revive this case, considering it seems inactive due to lack of action?
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A:
Understanding Your Situation
Your approved I-130 petition from 2014 has likely been terminated due to inaction. When an approved I-130 petition has no activity for an extended period, particularly after visa number availability, the National Visa Center (NVC) can terminate the registration under Immigration and Nationality Act Section 203(g). This typically occurs when a beneficiary fails to pursue their immigrant visa application within one year after being notified of visa availability.
Potential Options
Filing a new I-130 petition may be your most straightforward option. When visa registration is terminated due to inaction, the petitioner generally needs to refile the I-130 petition and restart the process, including paying new filing fees and enduring current processing times. The current filing fee for Form I-130 is $675, and processing times have increased significantly over the years.
Exploring Reinstatement
In limited circumstances, you might qualify for reinstatement. Your application could potentially be reinstated if you can establish that your failure to pursue the immigrant visa application was due to circumstances beyond your control. However, such requests typically must be made within one year of termination notification, which may have long passed in your case from 2014.
Next Steps
I recommend contacting USCIS directly about your specific case through their Contact Center at 1-800-375-5283. They can provide guidance based on your particular circumstances and confirm whether the original petition has indeed been terminated. It would be helpful to have your original petition receipt number available when you call.
If you decide to file a new petition, ensure all documentation is properly prepared to avoid further delays. Given the complexity of your situation, consulting with an immigration attorney who specializes in family-based immigration would be advisable to explore all available options.
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